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Tune Talk X Kahar (Kapla High Council) T&Cs

  1. General
    1. Tune Talk Sdn. Bhd. (“Tune Talk”) is organising one (1) lucky draw (hereinafter defined as “Lucky Draw“) to giveaway one hundred (100) Lesen High Council, in conjunction with the upcoming Project Universe events .
    2. The Lucky Draw is governed by the Terms and Conditions (“Terms and Conditions”) mentioned herein.
    3. Tune Talk reserves the right to cancel or modify the Lucky Draw and the Terms and Conditions at any time without prior notice. Any changes shall be posted on Tune Talk’s tunetalk.com (“Website”) and/or any of its social media platforms (“Tune Talk’s Social Media Platform”).
    4. The Lucky Draw shall commence as follows :
      1. From 7th October 2024 and ends on 11:59PM, 25th November 2024 (“Lucky Draw Period”) (hereinafter referred to as “Lucky Draw”)
  2. Qualifying Lucky Draw Participants
    1. You may participate in the Lucky Draw by following the rules stated at Section D of this Terms and Conditions.
    2. By participating in the Lucky Draw at any time during the Lucky Draw Period, you as a Lucky Draw participant, hereby agree:
      1. to this Terms and Conditions;
      2. to indemnify Tune Talk against all claims in relation to your participation in these Lucky Draw and/or breach of the Terms and Condition contained herein;
      3. that any decision of Tune Talk concerning the Lucky Draw shall be final and conclusive;
      4. at the request of Tune Talk, you shall furnish Tune Talk with any information required to verify your entry pertaining to this Lucky Draw.
      5. to provide consent to Tune Talk for processing your Personal Data (as defined in the Personal Data Protection Act (“PDPA”) in accordance with PDPA.
    3. Employees of Tune Talk and its affiliates in participating countries, advertising, and promotion agencies of Tune Talk together with their employees, and immediate family members and/or those living in the same household of each of the aforesaid persons are not eligible to participate in the Lucky Draw.
    4. Tune Talk reserves the sole right at any time during the Lucky Draw Periods to disqualify and/or exclude any entries from the Lucky Draw, for any reason and for no reason, including without limitation, violation of any of these Terms and Conditions.
  3. Lucky Draw – Winners and Prizes
    1. Lucky Draw
      DrawNumber of WinnersPrizes
      First draw30 (thirty)Each winner is entitled to a Lesen High Council which shall be an all-access pass to all Project Universe related events
      Second draw70 (seventy)Each winner is entitled to a Lesen High Council which shall be an all-access pass to all Project Universe related events
  4. Submission of Entries, Rules and Qualifying Criteria
    1. The Lucky Draw is open to all Tune Talk subscribers whom purchases the Kahar Branded SIM with Epik 35 provisioned (“Eligible Participants”).
    2. To participate in the Lucky Draw, Eligible Participants shall:
      1. Purchase a Kahar Branded SIM either online on Tune Talk’s website OR the SIM from Tune Talk’s dealer.
        1. Online Purchase: Purchase a Kahar SIM (with Epik35 provisioned) on Tune Talk’s website to be in the running to win a Lesen High Council.
        2. SIM from Dealer: Purchase a blank Kahar SIM from a dealer and subscribe to Epik35 or any other monthly/ yearly plan which amounts to more than RM35,  to be entitled to win a Lesen High Council.
      2. After steps either D 2(i)(a) or 2(i)(b) abovementioned, fill up a form on Tune Talk’s website
    3. One Hundred (100) winners shall be randomly selected via a randomiser upon Tune Talk’s discretion.
    4. The lucky draws shall be announced on the dates as set out below : –
      DrawDate of announcement
      First draw24th October 2024
      Second draw25th November 2024
    5. Once winners are selected and announced, the winners shall contact Tune Talk within forty-eight (48) hours to claim their prize.
    6. It is hereby agreed by the Eligible Participant that the decisions of Tune Talk pertaining to the winners of the Lucky Draw shall be final and not to be disputed.
    7. Tune Talk shall not be held liable in the event the winner(s) is/are not reachable or contactable for any reasons. The next qualified winner shall thereafter be selected.
    8. All entries must be submitted during the Lucky Draw Period only.
    9. There are no limits to the number of times the Eligible Participants can take part in the Lucky Draw. However, for the avoidance of doubt, the Eligible Participants can only win the Lucky Draw ONCE.
    10. To qualify for participation in the Lucky Draw, each entry submitted must strictly adhere to all the guidelines and the Terms and Conditions contained herein. In the event where the participant has failed to comply to the Terms and Conditions contained herein, the said entry shall be deemed disqualified.
    11. Entries that are incomplete, illegible and/or fraudulent shall be disqualified immediately.
    12. Eligible Participants must not cheat or engage in any attempt to cheat or plagiarise the entry.
    13. You shall hold Tune Talk and all its officers, directors, and employees free and harmless from any liability arising from claims or suits of third parties, including cost and expenses incidental thereto, in connection with the use of the comment entry or the Lucky Draw itself.
  5. Selection of Winners
    1. The selection of winners is final and subjected to Tune Talk’s discretion whereby no further correspondence shall be entertained.
    2. Eligible Participants automatically relinquish all rights or claims to any and/or comments submitted pursuant to the Lucky Draw and agree for these materials to be used by Tune Talk for the purpose of advertising and promotion.
  6. Prize Redemption
    1. All prizes are given on an “as is” basis and are not exchangeable for other items or vouchers, in part or in full.
    2. All prizes shall be delivered to winners at Tune Talk’s discretion and shall be notified to the winners upon confirmation.
    3. Tune Talk reserves the right to amend or change the prizes without any prior notice.
    4. Tune Talk and its associated agencies and companies shall not be liable for any loss (including, without limitation, indirect or consequential loss, damage, or person’s negligence) in connection with any aspect of the Lucky Draw or any prizes.
    5. In the event the winner chooses not to accept the prize, he/she forfeits any and all claims to that prize, which shall be dealt with according to the absolute discretion of Tune Talk, subject to legislative requirements.
    6. A copy of the Terms and Conditions herein must be signed and endorsed by the winner upon request by Tune Talk.
    7. All prizes are used and/or taken entirely at the risk of the winner, and Tune Talk excludes all warranties in connection with any prize to the extent permitted by law.
    8. All winners must abide by the terms and conditions of the parties arranging and/or providing the prizes and the terms and conditions attached to the prizes, if any.
    9. Acceptance of any prize shall constitute consent on the winner’s part to allow the use of the winner’s name, video, image, and/or comment by Tune Talk for editorial, advertising, promotional, marketing and/or other purposes without further compensation except where prohibited by law. Acceptance of any prize shall constitute a release and discharge of Tune Talk by each winner from any and all liability, claims, demands, causes of action, and /or damages which the winner may have, whether known or unknown at the present time, of any nature whatsoever, arising out of or relating to : (i) the Lucky Draw , (ii) personal injury and / or property damage, theft or loss suffered by the winner as a results of the use and/or enjoyment of the prize, and or (iii) any tax liabilities in relation to the Lucky Draw, prizes and/or use or enjoyment of the same.
    10. Tune Talk’s decision regarding the award of all prizes, and/or in every situation including any matters not covered in these Terms and Conditions, shall be final and binding on all Eligible Participants in the Lucky Draw, and no queries, or appeals may be made or entertained regarding Tune Talk’s decision on the same. The receipt by any winner of any prize under the Lucky Draw is conditional upon compliance with all applicable laws, rules, and regulations.
  7. Data Protection
    1. By participating, Eligible Participants consented to or grant Tune Talk and its affiliates the permission to use their name, video, image and/or comment for future advertising and publicity purposes in connection with the Lucky Draw in any and all media without additional compensation, notification or permission.
    2. At times Tune Talk may retain third parties to process Eligible Participant’s entries. All such third parties are contractually obliged not to use the Eligible Participant’s personal data in any way other than those, which are specified herein.
    3. Under Malaysian law, the Eligible Participant’s rights include:
      1. the right to obtain a copy of the personal data which we hold about the Eligible Participants (we reserve the right to charge a small fee for the exercise of this right); and
      2. the right to have incorrect personal data we hold about the Eligible Participants corrected.
    4. If Eligible Participants wish to raise any data protection issue with Tune Talk, or exercise any of their legal rights, they are to contact Tune Talk’s Customer Care by calling 13100 or 03-2771 7000 from 8.00 am to 10.00 pm daily.
    5. Tune Talk may take reasonable precautions to keep the Eligible Participants’ personal data secure and require third party data processors to do the same. Please note, however, that Tune Talk may release the Eligible Participants’ personal data if required to do so by law, or by search warrant, subpoena, or court order.
  8. Use of Personal Information
    1. Information – All information, including personal information (“Information”) submitted or known to Tune Talk and/or its affiliates in connection with the Lucky Draw shall only be used for the purposes set out in and treated in accordance with these Terms and Conditions and those stipulated in the Privacy Policy of Tune Talk at its official website (“Privacy Policy”). Please refer to https://www.tunetalk.com/privacy-policy/
    2. Use of Information – In addition to those stipulated in the Privacy Policy, by entering the Lucky Draw, you agree:
      1. to the use of the Information, without compensation, for Tune Talk’s promotional and marketing purposes; and
      2. to the use of the Information, without compensation, for the purpose of administration in relation to the Lucky Draw.
    3. Everyone participating in these Lucky Draw acknowledges that in respect of any Information from her/him pursuant to the Lucky Draw:
      1. She/he is authorised to disclose such Information; and
      2. Such disclosure complies with any Malaysian privacy legislation, and we have the right to use such Information as contemplated by the Lucky Draw (including, without limitation, the disclosure of such Information to Tune Talk’s external agencies or third parties).
    4. Provision of Information to Third Parties – We shall not sell or otherwise transfer the Information to unaffiliated third parties without the approval of the Eligible Participants.
  9. Liability and Responsibility
    1. The winners shall assume full liability and responsibility in case of any liability, mishap, injury, loss, damage, claim or accident (including death) resulting from their participation in the Lucky Draw, redemption and/or usage of the prizes. Tune Talk shall not be responsible for any liability, mishap, loss, damage, claim or accident (including death) suffered by third parties or the Eligible Participants in any manner whatsoever during and/or after the Lucky Draw resulting from or arise out of the Lucky Draw.
    2. All costs and/or any other costs, fees and/or related expenses that are incurred to participate in the Lucky Draw and to redeem the prizes are the sole responsibility of the Winners.
  10. Rights of Tune Talk
    1. Tune Talk reserves the right to alter, amend or add to these Terms and Conditions at any time without prior notice.
    2. To the extent permitted by law in Malaysia, the Eligible Participants hereby irrevocably waive all current and future moral rights of the photos or videos and licence Tune Talk and its affiliates the right to use, reproduce, distribute, modify, alter and integrate the content of the photos without restriction.
    3. Tune Talk shall reserve the right to publish, use the names and/or photographs and/or videos of the winners as materials for the purposes of advertising and/or trade publicity, without any prior notice to the Winners and the Winners shall not be entitled to claim ownership or other forms of compensation for the materials.
    4. Decisions from Tune Talk are final and in no way can the Eligible Participants have further discussions or appeal that shall alter Tune Talk’s final decision.
    5. Tune Talk at its sole discretion, reserves the right to modify, suspend or cancel the Lucky Draw in the event that it becomes incapable of running as planned, technically interfered or corrupted, including but not limited to infection by computer viruses, bugs, tampering, unauthorised intervention, fraud, technical failures, or any other causes beyond the control of Tune Talk, despite the best efforts of Tune Talk, or for any reason whatsoever without the need to disclose such reason.
    6. Tune Talk reserves the right, at its sole discretion, to disqualify any Eligible Participant(s) that is/are found or suspected of tampering with the Lucky Draw submission process. Tune Talk reserves the right to disqualify any person (including Eligible Participants) who it reasonably suspects has violated or infringed any of these general Terms and Conditions and Tune Talk reserves the right to pursue legal action against any individual it believes has undertaken fraudulent activities or other activities harmful in relation to The Lucky Draw.
  11. Other Terms and Conditions
    1. By participating in The Lucky Draw, Eligible Participants agree to be bound by The Lucky Draw’s Terms and Conditions, and the Terms and Conditions of the usage of the telecommunication service provided by Tune Talk, as well as the decisions of Tune Talk.
    2. Where the terms herein are translated into a language other than the English Language, in the event of any inconsistencies, conflict or discrepancies between the terms and conditions set out in the English Language version and that of the language(s), the English Language version shall prevail.
    3. The Terms and Conditions herein shall be governed by and construed in accordance with the laws of Malaysia.