1.This Viki for Digi Promotion ("Promotion") is organised by Digi Telecommunications Sdn. Bhd. (201283-M) ("Digi") in collaboration with Viki Inc., the global video service operator of Viki ("Viki") and is governed by these terms and conditions and any subsequent accompanying promotion details (if any) (collectively refered to as the "Terms") as provided by Digi and/or Viki ("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.This Promotion will commence at 12:01 a.m. (Malaysian time) on 1st July 2013 and will continue until 11:59 p.m. (Malaysian time) on 30th June 2014 ("Promotion Period").
3.Eligibility and Entitlement
3.1.This Promotion is open to all individuals legally residing in Malaysia who are Digi subscribers with an active internet subscription within the Promotion Period ("Eligible Recipients").
4.1.Eligible Recipient will receive one SMS from Digi notifying his/her entitlement to the complimentary application from Viki specifically for Digi subscribers ("Viki Item") ("Confirmation SMS"). The Confirmation SMS will also include a link to Digi's website in which such Eligible Recipient will need to go to and complete the activation process therein in order to enjoy the Viki Item.
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 by sending the keyword "Viki" to 22016 ("Viki Item SMS") in which Digi will thereafter send a link to Digi's website in which such Eligible Recipient will need to go to and complete the activation process therein in order to enjoy the Viki Item.
4.3.By activating and/or using the Viki Item, each Eligible Recipient accepts;
the service terms and conditions governing the use of the Viki Item are as set out by Viki in its website.
that there are minimum requirements (including but not limited to operating system, office client, and browser requirements as may be stipulated by Viki (from time to time) which must be met in order to utilize the Viki Item.
4.4.The Viki Item 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 Organisers for;
a.the purposes of the Promotion; marketing and promotional activities conducted in such manner as 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, interview 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 the Organisers relating to the Promotion.
b.other promotional, marketing and publicity notification/information including future promotional, marketing and publicity notification/information from 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 the Organisers and/or by any participant in connection to this Promotion, each participant;
a.warrant that he/she is in possession of all necessary consents and shall continue to maintain such consents as may be required for the Organisers' and/or usage and processing of such data/information; and
b.agree that it shall be the said participant’s responsibility to advise the Organisers in writing should there be any relevant change in the said data/information provided to the Organisers which require action on the part of 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 Digi shall not in any manner whatsoever be liable for any interruption and/or any error arising from the Promotion and/or usage of the Viki Item.
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 the Viki Item, Special Item and the Promotion.
a.reserves the right at its absolute discretion to vary, delete or add to 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 for reasons and/or changes beyond the control of Digi shall not entitle the Eligible Recipient to any claim or compensation against Digi for any and all loss or damage suffered or incurred by the Eligible Recipient as a direct or indirect result of the act of cancellation, termination or suspension.
b.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 the Viki Item.
c.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 use of the Viki Item, even if Digi has been advised of the possibility of such damages in advance, and all such damages are expressly excluded.
d.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 Viki.
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.Digi 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 Viki Item, including, without limitation to, their quality, merchantability or fitness for a particular purpose.
12.Digi 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 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 Viki Item (as the case may be), or acceptance, possession, or use of the Viki Items and/or Special Item (as the case may be), 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.
13.A failure by Digi to enforce any of these Terms in any instance(s) will not give rise to any claim by any person.
14.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.
15.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.