1. This gamification program is organized by Digi Telecommunications Sdn Bhd (Company No. 201283-M) ("Digi") and governed by these terms and conditions 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").
2. This gamification program contains a mechanic known as “MyDigi Bonus Wheel” where the Terms as well as the specific terms and conditions of “MyDigi Bonus Wheel” can be found in the section below apply to “MyDigi Bonus Wheel”.
3. This gamification program is valid until 31 January 2017. This gamification program may not be available in certain version(s) of MyDigi applications.
4. This gamification program is open to all Digi Prepaid and Postpaid Customers except for:-
a. enterprise Customers under Digi Postpaid for Business; and
b. permanent, contract and temporary employees of Digi, (collectively the "Participants").
5. In order to participate in this gamification program, the Participants must:-
a. install the MyDigi application on to their mobile device; and
b. subscribe to Digi's Services and such subscription must be active and valid at all times.
6. Each Participant agrees that s/he has read and understood the Terms and by his or her participation in and proceeding with this gamification program, each Participant:-
a. agrees to be bound by the Terms; and
b. if the Participant is below eighteen (18) years of age, also confirms that s/he has obtained prior consent from his or her respective parents or legal guardian to participate in this gamification program. In the event the Participant fails to provide Digi with the said parental / guardian consent upon request by Digi, such individual shall be subject to Clause 11.a below.
7. By participating in this gamification program, each Participant agrees and consents to such details including without limitation personal data/information being collected, processed and used by Digi for:-
a. the purpose of this gamification program; and
b. marketing and promotional activities conducted in such manner as Digi sees fit worldwide in any media including without limitation the Internet, without further express consent from, and payment or consideration to the relevant Participants. 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 relating to this gamification program; and
c. other promotional, marketing and publicity notification/information including future promotional, marketing and publicity notification/information from Digi from time to time.
8. In addition, where any of the data/information especially personal data relating to the Participant and/or third parties (where applicable) are submitted to Digi and/or by any entrant in connection to this gamification program, each:-
a. warrants that s/he is in possession of all necessary consents and shall continue to maintain such consents as may be required for Digi and/or usage and processing of such data/information; and
b. agrees that it shall be his or her responsibility to advise Digi in writing should there be any relevant change in the data/information provided to Digi which requires action on the part of Digi.
9. Each Participant hereby agrees and irrevocably and unconditionally undertakes to indemnify Digi (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 gamification program and the rewards.
10. Each Participant further agrees:-
a. to release and hold harmless Digi against any and/or all losses, damages, rights, claims and actions of any kind in connection with this gamification program (including resulting from acceptance, possession, use or misuse of any rewards, or travel to or from any reward-related activity and claims based defamation, or invasion of privacy);
b. that Digi makes no warranties, express or implied, in fact or in law, relative to the use or enjoyment of any of the rewards, including, without limitation to, their quality, merchantability or fitness for a particular purpose;
c. that Digi 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 gamification program, and/or the rewards, even if Digi has been advised of the possibility of such damages in advance, whether or not due to and/or arising from:-
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. virus attacks and/or any other malicious software infection to the Customers' mobile phones arising from the downloading of these contents, any failed, incomplete, lost, garbled, jumbled, interrupted, unavailable or delayed electronic transmissions;
iv. any condition caused by events beyond the control of Digi 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 Digi;
v. any printing or typographical errors in any materials associated with this gamification program; and
vi. any claims by third party for infringement of intellectual property rights.
a. reserves 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;
b. reserves the right to disqualify a Participant if s/he is found to be ineligible at any point of time and to cancel/withdraw/recall the reward. If such Participant has enjoyed the reward, such Participant hereby agrees and undertakes to indemnify Digi for the cost of the reward, failing which, Digi shall have the right to initiate any action it deems necessary against such Participant;
c. reserves the right to reject any entries and/or withhold the reward or forfeit the reward where Digi believes that there are unlawful, deceitful and/or fraudulent acts and practices without any prior notice;
d. reserves the right, at any time, to vary, delete or add to any of the mechanics, the reward or the Terms, and alter, cancel, terminate or suspend this gamification program and/or any part thereof without any prior notice;
e. for the avoidance of doubt, cancellation, termination or suspension by Digi of any entry or this gamification program shall not entitle the Participants to any claim or compensation against Digi for any and all loss or damage suffered or incurred by the Participants as a direct or indirect result of the act of cancellation, termination or suspension;
f. 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 gamification program;
g. 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 gamification program, even if Digi has been advised of the possibility of such damages in advance, and all such damages are expressly excluded; and
h. 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.
12. All decisions by Digi, including but not limited to the selection of Participants and the rewards as well as forfeiture of the rewards are final, conclusive and binding. No correspondence or claims shall be entertained.
13. A failure by Digi to enforce any of the Terms in any instance(s) will not give rise to any claim by any person.
14. All other terms and conditions governing the use of any of Digi's mobile telecommunication services shall apply herein mutatis mutandis.
15. The Terms shall be governed and construed by the laws of Malaysia and the parties shall submit to the exclusive jurisdiction of the Courts of Malaysia.
MyDigi Bonus Wheel
1. In order to participate in this spin the wheel gamification program ("MyDigi Bonus Wheel"), the Participants must perform the following, where applicable:-
a. for postpaid Accounts, to pay his/her latest Digi bill in full via MyDigi app, or
b. for prepaid Accounts, to reload at least RM30 (Ringgit Malaysia Thirty) via MyDigi app, (collectively, "Transactions").
2. The Participant is allowed to participate in MyDigi Bonus Wheel more than 1 (one) time up to:- (a) 10 (ten) times per month for prepaid Account; and (b) 5 (five) times per month for postpaid Account, by way of performing the Transactions.
3. Having performed the Transaction, the Participant will be eligible to play MyDigi Bonus Wheel by clicking the spin button on MyDigi Bonus Wheel screen. One (1) Transaction performed is entitled to one (1) spin only.
4. Thereafter, the Participant may find his/her reward under "MyRewards" (or any other names with the same purpose or intention) in MyDigi app.
5. The Participant shall redeem any reward(s) within the redemption period stated in the "Rewards Detail Page" under "MyRewards" in MyDigi app, failing which the reward(s) shall be forfeited automatically and without prior notice.
6. The Participant is not entitled to any payment or compensation from Digi should the reward(s) be forfeited for any reason.
7. The reward(s) is(are) not transferable and/or exchangeable and not for resale. No cash alternatives will be offered.
8. Digi reserves the right to replace any of the rewards with another reward or remove any reward(s) without prior notice.
9. The rewards are available on a first come first serve basis and while stock lasts. Digi reserves the right to remove MyDigi Bonus Wheel once the rewards are out of stock.