1. This Capture Extra Storage Promotion (“Promotion”) is organised by Digi Telecommunications Sdn. Bhd. (201283-M) ("Digi") in collaboration with Telenor Digital AS (“TD”), the internet based storage service provider of the Capture App (“Capture”) and is governed by these terms and conditions and any subsequent accompanying promotion details (if any) (collectively referred to as the “Terms”) as provided by Digi and/or Capture (“Organisers”). Each participant of this Promotion agrees that he/she has read and understood these Terms and by their participation in the Promotion, each participant agrees to be bound by the Terms.
2. Promotion Period
2.1 This Promotion will commence at 12:00 a.m. (Malaysian time) on 12th June 2015 and will continue until 11:59 p.m. (Malaysian time) on 29th April 2017(“Promotion Period”) unless stated earlier which participants will be notified via e-mail or SMS. Entries received after the said duration will automatically be disqualified from the Promotion. Notwithstanding the above, Digi reserves the right in its sole and absolute discretion to vary, postpone or re-schedule the said duration.
2.2 The validity period of the Promotion shall end upon the expiry date of the Promotion period. Notwithstanding the above, Digi reserves the right in its sole and absolute discretion to vary, postpone or re-schedule the said duration.
3. Eligibility and Entitlement
3.1 This Promotion is open to all individuals legally residing in Malaysia, who are existing Digi subscribers and new Subscribers whom upgrades their Smartplan and/or signs up with Digi whichever that’s applies) in the manner as set out in below within the Promotion Period (“Eligible Recipients”).
• Entitlement for Digi SmartPlan 108 shall be extra 100GB
• Entitlement for Digi SmartPlan 148 shall be extra 100GB
• Entitlement for All Prepaid & Postpaid Call Plans shall be extra 30GB
3.2 All personal details submitted must be accurate and complete and are subject to proof upon request by Digi.
4.1 Upon 48 hours from the activation by the Eligible Recipients of Digi services based on his/her respective subscription of the Applicable Digi Plan, each Eligible Recipient will receive one SMS (“Confirmation SMS”) from Digi notifying his/her entitlement to the Promotion. The Confirmation SMS will also include a link to website in which such Eligible Participant will need to go to and complete the activation process therein in order to receive the Promotion.
4.2 For Eligible Recipients who do not receive the Confirmation SMS within the stipulated timeline, such Eligible Recipient can indicate his/her interest in the Promotion by sending the keyword “CAPTURE” to 20000 (“CAPTURE SMS”) and normal SMS charges of RM0.15 (excluding 6% GST) will be incurred by Eligible Recipient.
4.3 Within 24 hours after sending the CAPTURE SMS, each Eligible Recipient will receive one SMS from Digi notifying his/her entitlement to the Promotion and for those entitled to the Promotion, the Confirmation SMS will also include a link to website in which such Eligible Participant will need to go to and complete the activation process therein in order to receive the Promotion.
4.4 By activating and/or using the Promotion, each Eligible Recipient accepts;
(i) the Terms of Service governing the use of the Capture as set out by TD in its website (www.capture-app.com)
(ii) that there are minimum requirements (including but not limited to operating system, and device requirements as may be stipulated by Capture (from time to time) which must be met in order to utilize the Promotion.
4.5 The Promotion given is non-transferable, whether by operation of law or otherwise, either to any other person, entity or account.
5. By participating in this Promotion, each Eligible Recipient agree and consent to such details including without limitation personal data/information being collected, processed and used by the Digi and/or Organisers for;
(i) the purposes of the Promotion;
(ii) marketing and promotional activities conducted in such manner as Digi and/or the Organisers 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 participant agrees to co-operate and participate without further express consent and/or payment or consideration, in all reasonable advertising and publicity activities of Digi and/or the Organisers relating to the Promotion.
(iii) other promotional, marketing and publicity notification/information including future promotional, marketing and publicity notification/information from Digi and/or the Organisers from time to time.
6. In addition, where any of the data/information especially personal data relating to the participants and/or third parties (where applicable) are submitted to Digi and/or the Organisers and/or by any participant in connection to this Promotion, each participant;
(i) warrant 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 the Organisers’ and/or usage and processing of such data/information; and
(ii) agree that it shall be the said participant’s responsibility to advise Digi and/or the Organisers in writing should there be any relevant change in the said data/information provided to Digi and/or the Organisers which require action on the part of Digi and/or the Organisers.
7. Digi does not warrant that the Promotion shall be uninterruptible and/or error free. By participating in the Promotion, each of the Eligible Recipient hereby acknowledges and irrevocably agrees that Dig shall not in any manner whatsoever be liable for any interruption and/or any error arising from the Promotion and/or usage of the Promotion.
8. To the fullest extent permitted by law, Digi hereby expressly exclude and disclaim 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 Capture and the Promotion.
(i) reserve the right at its absolute discretion to vary, delete and/or add the mechanics and any of these Terms from time to time without prior notice. For the avoidance of doubt, cancellation, termination or suspension by Digi of the Promotion or any part thereof I shall not entitle the Eligible Recipient to any claim or compensation against Digi (for cash or in kind) for any and all loss or damages suffered or incurred by the Eligible Recipient as a direct or indirect due to cancellation, termination, suspension or alteration.
(ii) reserves the right at its absolute discretion to vary, delete and/or add to any of the mechanics or these Terms and Conditions from time to time without prior notice.
(iii) reserves the sole and absolute right to reject a participation that is deemed ineligible for the Promotion.
(iv) 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 and/or use of Capture and the Promotion
(v) 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 Capture and the Promotion even if Digi has been advised of the possibility of such damages in advance, and all such damages are expressly excluded.
(vi) 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 and/or TD.
10. By participating in the Promotion, each Eligible Recipient hereby agrees and irrevocably and unconditionally undertakes to fully absolve Digi of all liabilities and agree to indemnify Digi (on full indemnity basis) and hold DiGi harmless against any claim by any third party and against any loss, damage, cost or expense (including solicitors’ fees and cost) that Digi may suffer or incur as a result of or in connection with the Promotion.
11. By participating in the Promotion, the Eligible Recipient shall be deemed to have unconditionally accepted all the Terms and Conditions of this Promotion. The Eligible Recipient further agrees to be bound by the said terms and conditions and that Digi’s decision shall be final and no correspondences on the dissatisfaction of the said terms and conditions will be entertained. In furtherance thereto the Eligible Recipient agrees to co-operate and comply with all reasonable requests of Digi in connection with the Promotion and consents to receiving promotional, marketing and other publicity information from Digi from time to time.
12. Digi and its respective parent companies, subsidiaries, affiliates, licensees, directors, officers, employees, agents, independent contractors advertising/promotion and fulfillment agencies and legal advisors make no warranties, express or implied, in fact or in law, relative to the use or enjoyment of any of the Capture and the Promotion, including, without limitation to, their quality, merchantability or fitness for a particular purpose.
13. Digi and its respective parent companies, affiliates, subsidiaries, licensees, directors, officers, employees, agents, independent contractors, advertising, promotion, and fulfillment agencies, and legal advisors are not responsible for and shall not be liable for:
(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) failed, incomplete, lost, garbled, jumbled, interrupted, unavailable or delayed computer transmissions;
(iv) any condition caused by events beyond the control of Digi that may cause the Promotion to be disrupted or corrupted;
(v) any claims, injuries, losses damages or actions of any kind arising in connection with or as a result of the Capture and the Promotion (as the case may be), or acceptance, possession, or use of the Capture and the Promotion (as the case may be), or from participation in the Promotion including without limitation, personal injury, death and property damage and claims based on publicity rights, defamation or invasion of privacy; or
(vi) any printing or typographical errors in any materials associated with the Promotion;
(vii) any claims by third party for infringement of intellectual property rights.
14. A failure by Digi to enforce any of these Terms in any instance(s) will not give rise to any claim by any person.
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 Malaya.
16. All other terms and conditions governing the use of any of Digi's mobile telecommunication services, in particular, terms governing Digi services as set out in the Digi’s website shall apply herein mutatis mutandis.