| 1. |
DiGi Telecommunications Sdn Bhd (201283-M) ("DiGi"), FJ Benjamin (M) Sdn. Bhd. ("GUESS") and Hong Kong and Shanghai Bank Berhad ("HSBC") will be jointly running a DiGi Glam Up your iPhone promotion ("the Promotion") commencing from 12:01 a.m., 26 July 2010 till 11:59 p.m., 30 September 2010 (both days inclusive) or any other period mutually agreed upon by both parties ("Promotion Period"). |
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| 2. |
Eligibility
- All individuals residing in Malaysia are eligible to participate in the Promotion.
- This Promotion is open to all HSBC cardholders subscribing to the 24 months Easy Payment Plan ("EPP") during the Promotion Period.
- The following are not eligible for the Promotion:
- Employees of DiGi Telecommunications Sdn. Bhd. and their immediate family members
- Employees of DiGi's partners, advertising, promotion agencies and any other persons involved in organizing, promoting and/or conducting the Promotion and their immediate family members;
- Staff of the HSBC credit card division and their immediate family members;
- (hereinafter referred to as "the Participant")
- DiGi and/or HSBC reserves the sole and absolute discretion to exclude any Participant (who would otherwise be eligible) who as deemed by DiGi and/or HSBC in its absolute discretion has reasonable grounds to suspect that the eligible Participant has tried to impersonate another person, trickery, fraud or sub-standard, doubtful, bad or delinquent or in the event that the Promotion is participated in an improper, unlawful or unsatisfactory manner.
- The Participant signing up for this Promotion via Easy Payment Plan (EPP) must have a valid credit card with HSBC.
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| 3. |
The Promotion:
- The first 1000 subscription during the Promotion Period to either iDiGi 88, iDiGi 138, iDiGi 238 with iPhone 3G 8GB, using HSBC EPP 24, will get a free GUESS iPhone case (collectively referred to as "the Benefit").
- The Participant's eligibility must be pre-approved by DiGi and HSBC.
- The Promotion is offered to the selected Participant only and is not transferable.
- DiGi reserves the right and shall have absolute discretion to choose the colour and/or to substitute the model of the Benefit given under the Promotion.
- Risk of loss or damage to the handphone is transferred to the Participant upon physical delivery or handover of the Benefit to the Participant. Upon transfer of the risk, DiGi shall not be responsible to repair or replace any defective, lost, damage or stolen Benefit. If the Participant have any queries or require any assistance in relation to the Benefit, the Participant must contact the suppliers of the Benefit directly at the suppliers' contact numbers and/or addresses.
- All usage is payable to DiGi in addition to the EPP installment amount.
- The Benefit is subject to the warranty terms imposed by the supplier of the Benefit.
- Only selected DiGi outlets offers this Promotion. In order to be entitled to the Promotion, the Participant must sign-up at the location that offers such promotion only.
- Upon sign up to either iDiGi 88, iDiGi 138, iDiGi 238 with iPhone 3G 8GB, using HSBC EPP 24, the eligible Participant will receive a redemption letter that the eligible Participant shall produce at the designated GUESS outlet in order to collect the iPhone case. The following are the terms governing the redemption:
- The redemption letter is not transferable. The Participant is required to be present at the GUESS outlet for the redemption;
- Original copy of the redemption letter must be produced upon redemption;
- There shall be no change in the redemption location stipulated in the redemption letter;
- There shall be no re-issuance of the redemption letter for any reason whatsoever, including but not limited to, loss or damage;
- All redemption must be made from 1 August 2010 until 30 September 2010 or any other period as stipulated by DiGi from time to time.
- No redemption shall take place without the original copy of the redemption letter.
- Only a limited number of redemption letters are available for each participating outlet. Once such letters are finished, no replenishment shall be given. The Participant agrees that, in order to participate in the Promotion, the Participant shall go to another participating outlet where such letters are still available.
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| 4. |
Once approval of application by the selected bank and upon activation of the line by DiGi, the Participant is not allowed to cancel or terminate the subscription. In the event the Participant terminates the activated service at any time during the 24-month period, or in the case of termination by DiGi due to suspected commercial gain activity not limited to any voice and/or data services and promotions offered, the Participant agrees that, in addition to all amounts imposed by DiGi for termination of the IPhone plan, there shall be no refund whatsoever of the EPP amount committed by the Participant. |
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| 5. |
In the event a Participant is found to be ineligible at any point of time during or after the Promotion Periods, DiGi reserves the right to cancel/ withdraw/ recall the Benefits. If the Benefits have been given to the ineligible Participant, the ineligible Participant hereby agree and undertake to indemnify DiGi and/or HSBC for the value of the Benefits, failing which, DiGi shall have the right to initiate any action it deems necessary against the ineligible Participant. |
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| 6. |
The Participant hereby agrees, allows, consents and has no objection to DiGi extracting the Short Messaging Service (SMS) details or any other data required to be used as evidence in court and/or when necessary in the event of a suspected and/or proven misuse of the service for commercial gain purposes. |
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| 7. |
The Participant that is disqualified pursuant to these terms hereby agrees that they shall not make any claim and/or demand whatsoever to DiGi for the Benefits. |
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| 8. |
By participating in this Promotion, the Participants agree to be bound by these Terms & Conditions. The decision of the DiGi is final and no appeals and/or objections will be entertained. |
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| 9. |
Fraud and abuse relating to the Benefits shall result in forfeiture of the Benefits or any part thereof as well as suspension of the Participant's Account. |
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| 10. |
DiGi and HSBC do not warrant that the Promotion shall be uninterruptible and/or error free. By participating in the Promotion the Participant hereby acknowledges and irrevocably agrees that DiGi, HSBC and GUESS shall not in any manner whatsoever be liable for any interruption and/or any error arising from the Promotion. |
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| 11. |
To the fullest extent permitted by law, DiGi, HSBC and GUESS 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 in respect of the Benefits. |
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| 12. |
DiGi, HSBC and GUESS reserve the right to cancel, terminate or suspend the Promotion, the Benefits without any prior notice. For the avoidance of doubt, cancellation, termination or suspension by DiGi and HSBC of the Promotion or the Benefits shall not entitled the Participant to any claim or compensation against DiGi and HSBC for any and all loss or damage suffered or incurred by the Participant as a direct or indirect result of the act of cancellation, termination or suspension. |
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| 13. |
DiGi, HSBC and GUESS reserve the right at its absolute discretion to vary, delete or add the mechanics, the Benefits and any of these Terms and Conditions from time to time without prior notice. |
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| 14. |
DiGi, HSBC and GUESS 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. |
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| 15. |
DiGi, HSBC and GUESS 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 and/or Benefits, even if DiGi and HSBC has been advised of the possibility of such damages in advance, and all such damages are expressly excluded. |
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| 16. |
By participating in the Promotion, the Participant hereby agree and irrevocably and unconditionally undertake to fully absolve DiGi, HSBC and GUESS of all liabilities and agree to indemnify DiGi and HSBC (on full indemnity basis) and hold DiGi and HSBC harmless against any claim by any third party and against any loss, damage, cost or expense (including solicitors' fees and cost) that DiGi and HSBC may suffer or incur as a result of or in connection with the Promotion or the Benefits. |
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| 17. |
DiGi, HSBC and GUESS 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. |
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| 18. |
By participating in the Promotion, the Participants shall be deemed to have unconditionally accepted the all the Terms and Conditions of this Promotion and the Participant further (i) agrees to co-operate and comply with all reasonable requests of DiGi, HSBC and GUESS in connection with the Promotion; (ii) agrees to disclose personal details to DiGi and HSBC for the purpose of organising, promoting and conducting the Promotion; and (iii) consent to receiving promotional, marketing and other publicity information from DiGi or HSBC from time to time. |
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| 19. |
By participating in the Promotion each Participant (or the Participant's parent/legal guardian if entrant is a minor below 18 years of age) agrees to release and hold DiGi or HSBC, and its employees, officers, directors, shareholders, agents, representatives, parent companies, affiliates, subsidiaries, licensees, advertising, promotion, and fulfillment agencies, and legal advisors, harmless from any and all losses, damages, rights, claims and actions of any kind in connection with the Promotion or the Benefits or resulting from acceptance, possession, use or misuse of any Benefits, including without limitation, personal injury, death, and property damage, and claims based on publicity rights, defamation, or invasion of privacy. |
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| 20. |
DiGi, HSBC, GUESS and its respective parent companies, subsidiaries, affiliates, licensees, directors, officers, employees, agents, independent contractors and advertising/promotion agencies make no warranties, express or implied, in fact or in law, relative to the use or enjoyment of any of the Benefits, including, without limitation to, their quality, merchantability or fitness for a particular purpose. |
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| 21. |
DiGi, HSBC, GUESS and its respective parent companies, affiliates, subsidiaries, licensees, directors, officers, agents, independent contractors, advertising, promotion, and fulfillment agencies, and legal advisors are not responsible for and shall not be liable for: (a). 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; (b). late, lost, delayed, misdirected, incomplete, illegible or unintelligible e-mails; (c). failed, incomplete, lost, garbled, jumbled, interrupted, unavailable or delayed computer transmissions; (d). any condition caused by events beyond the control of DiGi or HSBC that may cause the Promotion to be disrupted or corrupted; (e). any injuries, losses, or damages of any kind arising in connection with or as a result of the Benefits or Promotion, or acceptance, possession, or use of the Benefits, or from participation in the Promotion; or (f) any printing or typographical errors in any materials associated with the Promotion; (g) any claims by third party for infringement of intellectual property rights. |
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| 22. |
All Participants agree to be bound by the official rules and regulations and decisions of DiGi. |
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| 23. |
A failure by DiGi to enforce any of these Terms and Conditions in any instance(s) will not give rise to any claim by any person. |
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| 24. |
These terms and conditions shall be governed and construed by the Laws of Malaysia and the parties shall submit to the exclusive jurisdiction of the Courts of Malaya. |
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| 25. |
The Promotion and the Benefits must be read with DiGi's General Terms and Conditions stipulated in www.digi.com.my and the iPhone terms and conditions stipulated in www.digi.com.my/iphone, and any other additional terms and conditions, guidelines or rules are hereby incorporated by reference into these Terms and Conditions. The Participant is advised to constantly review the DiGi's website to view the latest Terms and Conditions (in the event of any revisions made to these Terms and Conditions, if any). In the event there are inconsistencies or discrepancies between any version of any of the terms and conditions stipulated herein (if any), the English version shall prevail. |
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| 26. |
All other terms and conditions governing the use of any of DiGi's services shall apply herein mutatis mutandis. |
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