This CallerTunes 'WIN Fitbit Smartwatch!' Contest ("Contest") which is organised by Digi Telecommunications Sdn. Bhd. (Company No. 201283-M) ("Digi") in collaboration with Sony Music Entertainment Malaysia Sdn Bhd (Company No. 69206-M) ("SM") (collectively "Organisers") will be governed by these terms and conditions and any subsequent accompanying contest details, if any provided by Digi and/or WM and all applicable terms and conditions including but not limited to Digi's Privacy Statement, Data Protection Statement and Data Protection Obligations found on Digi's website at www.digi.com.my (collectively referred to as the "Terms"). Each Eligible Participant (as defined below) agrees that he/she has read and understood the Terms and by his or her participation in this Contest, each Eligible Participant agrees to be bound by the Terms.
1.1.This Contest commences at 12.00 a.m. on 19th of November 2018 and runs until 11.59 p.m. on 31st December 2018 ("Contest Period"). Entries received after the Contest Period will automatically be disqualified. Digi has the sole and absolute discretion to extend and/or vary the Contest Period without prior notification.
2.1.All Digi subscribers residing in Malaysia are eligible to participate in this Contest except for the following:-
2.1.1.Digi Postpaid for Business customers;
2.1.2.anyone who has won any prize in any Digi's contest in the 60 days prior to entering this Contest;
2.1.3.permanent, contract and temporary employees of Digi and their Immediate Family Members; and
2.1.4.employees of Digi's partners, advertising, promotion agencies and any other persons involved in organising, promoting and/or conducting this Contest together with their Immediate Family Members.
(Collectively the “Eligible Participants”)
Immediate Family Members shall mean any of the following: spouse, de-facto spouse, child or step-child (whether natural or by adoption), parent, step-parent, grandparent, step-grandparent, uncle, aunt, niece, nephew, brother, sister, step-brother, step-sister or first cousin.
2.2Each Eligible Participant agrees that he/she has read and understood the Terms of this Contest and by his or her participation in this Contest:-
2.2.1agrees to be bound by the Terms; and
2.2.2if the Eligible Participant is below 18 (eighteen) years of age, also confirms that he/she has obtained prior consent from his or her respective parents or legal guardian to participate in this Contest. In the event the Eligible Participant fails to provide Digi with the said parental / guardian consent upon request by Digi, such individual shall be subject to Clause 2.4 below.
2.3All personal details submitted must be accurate and complete and are subject to proof upon request by Digi.
2.4Digi reserves the right, at any time, to verify the validity of entries and entrants and to disqualify any entry not submitted in accordance with the Terms or which tampers with the entry process. Incomplete, indecipherable, illegible, incorrect or fraudulent entries or any entry which violates the Terms will automatically be disqualified.
3.1In order to participate in this Contest, the Eligible Participants need to carry out the following steps and/or activations:-
Step 1:Eligible Participants will need to purchase CallerTunes from the Contest page via the CallerTunes app (downloadable at digi.my/ctapp) on their mobile phone. Upon installation of the CallerTunes app, Eligible Participants shall subscribe to the CallerTunes from the Contest Page (http://digi.my/ctpromo) in the CallerTunes app. In order to win, it is compulsory for the participant to subscribe to the three (3) compulsory songs. For higher chances of winning, participants will need to subscribe to as many CallerTunes they can from the Upsell song list available at the Contest Page. Participants must keep CallerTunes active until 11th February 2019.
*Compulsory song list
|1||One Kiss||Calvin Harris & Dua Lipa|
|2||Ocean||Martin Garrix & Khalid|
|3||Darkside||Alan Walker, Au/Ra & Tomine Harket|
*Upsell song list
|2||Only You||Cheat Codes & Little Mix|
|3||Promises||Calvin Harris & Sam Smith|
|4||In My Mind||Dynoro & Gigi D'Agostino|
|5||No Brainer||Justin Bieber, Chance The Rapper & Quavo - Khaled|
|6||Reggaeton Lento (Remix)||CNCO & Little Mix|
|7||Remind Me To Forget||Kygo & Miguel|
|8||Electricity||Silk City & Dua Lipa|
|9||All Falls Down||Alan Walker, Noah Cyrus & Digital Farm Animals|
|10||Miss You||Louis Tomlinson|
|11||Him & I||G-Eazy & Halsey|
|12||Love Lies||Khalid & Normani|
*Price : RM3.00 per CallerTunes, Renewal Price: RM2.00 per month per CallerTunes
Step 2:Upon the successful subscription of any CallerTunes from the Contest page (http://digi.my/ctpromo) via the CallerTunes app (downloadable at digi.my/ctapp), the Eligible Participants will receive an SMS, confirming the successful subscription of the CallerTunes purchased. The method of selection of the Contest Winners (defined below) is set out in Clause 4 below.
Step 3:The Organisers shall contact the Potential Winner (as defined below in Clause 4) on their mobile number in Digi's records after the Contest Period but no later than 31st March 2019 ("Call Period") to answer one (1) trivia question correctly before the Potential Winner is announced as a Contest Winner (defined below).
4.Notification and Selection of Contest Winners
4.1.Selection of the contest winners for this Contest will be based on the following:-
4.1.1.Subject always to the number of Prizes in Clause 5 below, the Organisers will select seven (7) potential winners out of the Eligible Participants (from its record of entries by the Eligible Participant(s) during the Contest Period). Eligible Participant with the highest volume of CallerTunes subscriptions will be selected as the potential winner (in total 7 potential winners). The Potential Winner must remain as active subscriber and customer of Digi during the Contest Period, Call Period and Collection Period. Digi's records of the subscriptions are final, conclusive and binding.
4.1.2.For the avoidance of doubt, the Potential Winners can only be selected once (1 time) as a Contest Winner (defined below) throughout the entire Contest Period. The control in selection shall be based on the Eligible Participant's mobile number whereby a mobile number is only entitled to win once as a Winner throughout the entire Contest
4.1.3.The Organisers will contact the Potential Winners via his or her mobile phone number in Digi's record upon Digi's determination of the winners pursuant to Clause 4.1.1 and/or Clause 4.1.2 after the Call Period. The Potential Winners who are successfully contacted by Digi and who successfully answer one (1) trivia question posed by Digi correctly will be announced as contest winner.
4.2.The Organisers must be able to contact the Potential Winners via two (2) voice call attempts during the Call Period, failing which, the Organisers reserve the right to move on and select the next Potential Winner who has to comply with Clause 4.1 above. The non-contactable Potential Winners shall be disqualified automatically as the Potential Winners and shall have no claims whatsoever against the Organisers on such disqualification.
4.3.The Contest Winner will be contacted and notified of the Prizes that the Contest Winner has won via the mobile phone number in Digi's record after the Call Period but no later than 31st March 2019 ("Collection Period"). Digi has the sole and absolute discretion to extend the Collection Period. The Contest Winner must keep his/her mobile phone number active during the Collection Period.
4.4.The Contest Winners will be notified of the venue for the collection of Prizes. If the Contest Winner is unable to personally collect his or her Prize, he or she can provide a letter of authorisation to authorise another person to collect on his/her behalf. Identification card of the authorised person must be produced upon collection of the Prize.
4.5.The Contest Winners must be 18 (eighteen) years old and above, otherwise formal parental or guardian consent must be obtained and provided to Digi upon Digi's request. In the event the Contest Winners fail to provide Digi with the said parental or guardian consent, Digi shall have the right to forfeit the entry and/or the Prize as the case may be.
5.1.The prizes of the Contest are as follows:-
5.1.1.Seven (7) Contest Winners will be entitled to win below prizes:-
|No. of Winners||Prizes|
|Grand Prize x two (2) winners||Fitbit Versa Smart Watch worth RM 1,000 each|
|Consolation Prize x five (5) winners||Original OVEVO Q62 Wireless Bluetooth Earphone with Charging Dock 800mAh Battery CVC 6.0 Noise Cancelling Headset for Smartphone worth RM300 each|
5.2.The Prizes are not transferable and/or exchangeable and not for resale. No cash alternatives will be offered. Digi reserves the right to replace any of the aforementioned Prizes with another prize of the same value without prior notice.
5.3.The Contest Winners may be governed by separate set of terms and conditions imposed by the service provider of the Prizes or the Organiser's partner that are offering the Prizes. Where such terms are applicable, the Contest Winners will be notified.
5.4.Each Contest Winner shall only be entitled to win one (1) Prize only.
6.By participating in this Contest, each Eligible Participant agrees and consents to such details including without limitation personal data/information being collected, processed and used by the Organisers for:-
6.1.the purpose of this Contest; and
6.2.marketing and promotional activities conducted in such manner as the Organisers sees fit worldwide in any media including without limitation the Internet, without further express consent from, and payment or consideration to the relevant Eligible Participants. Marketing and promotion activities include without limitation the use and/or publication of any details provided in and/or in connection to the entries, interviews material as well as responses and related photographs. In this regard, each Eligible 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 this Contest; and
6.3.other promotional, marketing and publicity notification/information including future promotional, marketing and publicity notification/information from the Organisers from time to time.
7.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 the Organisers and/or by any entrant in connection to this Contest, each:-
7.1.warrants 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
7.2.agrees that it shall be his or her responsibility to advise the Organisers in writing should there be any relevant change in the data/information provided to the Organisers which requires action on the part of the Organisers.
8.Each Eligible Participant hereby agrees and irrevocably and unconditionally undertakes to indemnify the Organisers (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 this Contest and the Prizes.
9.Each Eligible Participant further agrees:-
9.1.to release and hold harmless the Organisers and/or the Specified Persons against any and/or all losses, damages, rights, claims and actions of any kind in connection with this Contest (including resulting from acceptance, possession, use or misuse of any Prizes, or travel to or from any Prize-related activity and claims based defamation, or invasion of privacy);
9.2.that the Organisers and/or the Specified Persons 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;
9.3.that the Organisers 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 this Contest, and/or the Prizes, even if the Organisers have been advised of the possibility of such damages in advance, whether or not due to and/or arising from:-
9.3.1.telephone, electronic, hardware or software programs, 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;
9.3.2.late, lost, delayed, misdirected, incomplete, illegible or unintelligible e-mails;
9.3.3vius 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;
9.3.4.any condition caused by events beyond the control of the Organisers 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 the Organisers;
9.3.5.any printing or typographical errors in any materials associated with this Contest; and
9.3.6.any claims by third party for infringement of intellectual property rights.
Specified Persons shall mean Digi, and its employees, officers, directors, shareholders, parent companies, affiliates, subsidiaries, licensees, agents, representatives, partners and contractors including contradvertising, promotion, and fulfilment agencies, and legal advisors and/or joint-organiser.
10.1.reserve(s) 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, ineligible, fraudulent, unlawful or deceitful entries or any entry which violates the Terms, will automatically be disqualified;
10.2.reserve(s) the right to disqualify a Contest Winner if he/she is found to be ineligible at any point of time and to cancel/withdraw/recall the Prizes from being delivered to the ineligible Contest Winner. If the ineligible Contest Winner has enjoyed the Prizes, the ineligible Contest Winner hereby agrees and undertakes to indemnify the Organisers for the cost of the Prizes, failing which, the Organisers shall have the right to initiate any action it deems necessary against the ineligible Contest Winner.
10.3.reserve(s) the right to reject any entries and/or withhold the Prizes or forfeit the Prizes where Digi believe(s) that there are unlawful, deceitful and/or fraudulent acts and practices without any prior notice.
10.4.reserve(s) the right, at any time, to vary, delete or add to any of the mechanics, the Prizes or the Terms, and alter, cancel, terminate or suspend this Contest and/or any part thereof without any prior notice;
10.5.for the avoidance of doubt, cancellation, termination or suspension by the Organisers of any entry or this Contest shall not entitle the Eligible Participants to any claim or compensation against the Organisers for any and all loss or damage suffered or incurred by the Eligible Participants as a direct or indirect result of the act of cancellation, termination or suspension;
10.6.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 Contest;
10.7.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 this Contest, even if the Organisers have been advised of the possibility of such damages in advance, and all such damages are expressly excluded;
10.8.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 the Organisers.
11.All decisions by the Organisers, including but not limited to the selection of Contest Winners and forfeiture of the Prizes are final, conclusive and binding. No correspondence or claims shall be entertained.
12.A failure by the Organisers to enforce any of the Terms in any instance(s) will not give rise to any claim by any person.
13.All other terms and conditions governing the use of any of Digi's mobile telecommunication services shall apply herein mutatis mutandis.
14.The Terms, which are available on [digi.my/ericchou] shall be governed and construed by the laws of Malaysia and the parties shall submit to the exclusive jurisdiction of the Courts of Malaysia.