1.This (“Promotion”) is organised by Digi Telecommunications Sdn. Bhd. (Company No. 201283-M) (“Digi”) is governed by these terms and conditions and any subsequent accompanying promotion details (if any) as provided by Digi 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 Participant (as defined below) agrees that he/she has read and understood the Terms and by his or her participation in the Promotion, each Participant agrees to be bound by the Terms.
2.1.This Promotion commences at 12:01 a.m. (Malaysian time) on 15th October 2020 and runs until 11:59 p.m. (Malaysian time) on 31st December 2020 (“Promotion Period”). Purchases made after the Promotion Period will not be entitle for the promotion. Digi has the sole and absolute discretion to extend and/or vary the Promotion Period without prior notification.
3.1.Anyone who purchases Digi Prepaid NEXT sim pack in any 99 SPEED MART outlet is entitled for this promotion.
3.2.Each Participant agrees that he/she has read and understood the Terms of this Promotion and by his or her participation in this Promotion:-
3.2.1.Agrees to be bound by the Terms;
3.3.All personal details submitted must be accurate and complete and are subject to proof upon request by Digi.
4.1. In order to be entitled for this Promotion, the Participants need to carry out the following steps and/or activations:-
4.1.1To purchase Digi Prepaid NEXT Sim Pack in any 99 SPEED MART outlets and redemption can be made upon check-out at counter.
4.1.2During the Promotion Period, participant will be entitled to redeem 1 RM6 Burger King voucher per receipt. No multiple redemption is allowed on a single receipt.
4.1.3Redemption is based on a First-come-First-Serve basis while stock last at each outlet.
5.By participating in this Promotion, each Participant agrees and consent to such details including without limitation personal data/information being collected, processed and used by Digi and/or the Organisers for:-
a)the purposes of the Promotion;
b)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 Organiser relating to the Promotion; and
c)other promotional, marketing and publicity notification/information including future promotional, marketing and publicity notification/information from Digi and/or the Organiser from time to time.
6.In addition, where any of the data/information especially personal data relating to any of the Participants and/or third parties (where applicable) are submitted to Digi and/or the Organisers in connection to this Promotion, each Participant and/or third party:-
a)warrants that he/she is in possession of all necessary consents and shall continue to maintain such consents as may be required for Digi’s and/or the Organisers’ usage and processing of such data/information; and
b)agrees that it shall be the Participant’s or the third party’s responsibility to advise Digi and/or the Organisers in writing should there be any relevant change in the data/information provided to Digi and/or the Organisers which requires action on the part of Digi and/or the Organisers.
7.Each Participant agrees:-
(a)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 the Promotion (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);
(b)that the Organisers and / or the Specified Parties 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.
(c)that the Organizers 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 the Promotion, and/or the prizes, even if the Organiser 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 subscribers’ 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 the Organiser 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 Organiser ;
(v)any printing or typographical errors in any materials associated with the Promotion; and
(vi)any claims by third party for infringement of intellectual property rights.
Specified Persons means : Digi, and its employees, officers, directors, shareholders, parent companies, affiliates, subsidiaries, licensees; agents, representatives and contractors including contract advertising, promotion, and fulfilment agencies, and legal advisors and / or joint – organizer.
(a)reserve 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, fraudulent, unlawful or deceitful entries or any entry which violates the Terms, will automatically be disqualified;
(b)reserve the right, at any time, to vary, delete or add to any of the mechanics, the Promotion or the Terms, and alter, cancel, terminate or suspend the Promotion and/or any part thereof without any prior notice;
(c)for the avoidance of doubt, cancellation, termination or suspension by Digi of any entry or the Promotion shall not entitle the Participant to any claim or compensation against Digi 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.
(d)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;
(e)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, even if Digi has been advised of the possibility of such damages in advance, and all such damages are expressly excluded;
(f)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.
9.To the fullest extent permitted by law, Digi and its respective parent companies, subsidiaries, affiliates, licensees, directors, officers, employees, agents, independent contractors and advertising/promotion agencies 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 of enjoyment of the product/item of this Promotion.
10.By participating in this Promotion, each Participant agrees and irrevocably and unconditionally undertakes to fully absolve Digi of all liabilities and agrees 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.A failure by Digi to enforce any of these Terms in any instance(s) will not give rise to any claim by any person.
12.Through this promotion, each participant agrees to be bound by these Terms and Digi’s decision is final and binding and no correspondences shall be entertained.
13.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.
14.All other terms and conditions governing the use of any of Digi's mobile telecommunication services shall apply herein mutatis mutandis.