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Pek EPIK, Character Kahar: Kapla High Council Contest T&Cs

  1. General
    1. Tune Talk Sdn. Bhd. (“Tune Talk”) is organising one (1) Social Media contest (hereinafter defined as “Contest“) on Tune Talk’s Instagram, to giveaway ten (10) Starter Kit Kapla Tune Talk.
    2. The Contest is governed by the Terms and Conditions (“Terms and Conditions”) mentioned herein.
    3. Tune Talk reserves the right to cancel or modify the Contest 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 Contest shall commence as follows :
      1. From 6th November 2024 and ends on 11:59PM, 12th November 2024 (“Contest Period”) (hereinafter referred to as “Contest”)
  2. Qualifying Contestants
    1. You may participate in the Contest by following the rules stated at Section D of this Terms and Conditions.
    2. By participating in the Contest at any time during the Contest Period, you as a contestant, hereby agree:
      1. to this Terms and Conditions;
      2. to indemnify Tune Talk against all claims in relation to your participation in these Contest and/or breach of the Terms and Condition contained herein;
      3. that any decision of Tune Talk concerning the Contest 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 Contest.
      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 Contest.
    4. Tune Talk reserves the sole right at any time during the Contest Periods to disqualify and/or exclude any entries from the Contest, for any reason and for no reason, including without limitation, violation of any of these Terms and Conditions.
  3. Contest – Winners and Prizes
    1. Contest

      Social Media Platform
      (submission of entry)
      Number of WinnersPrizes
      InstagramTen (10)Each winner is entitled to a Starter Kit Kapla Tune Talk
  4. Submission of Entries, Rules and Qualifying Criteria
    1.  The Contest are open to all aged eighteen (18) and above (“Eligible Participants”).
    2. To participate in the Contest, Eligible Participants shall:
      1. Follow Tune Talk’s Instagram account.
      2. Like and repost the Tune Talk Instagram post on the Eligible Participant’s story pertaining to the Contest (hereinafter defined as “Instagram Post”) and tag Tune Talk.
      3. At the Instagram Post, answer “If Tune Talk’s Pek EPIK is a character in Kahar, which character will it be” and share “why did you choose that character” in the comment, alongside tagging three (3) friends and #TuneTalkKapla5G.
      4. Ensure your account is set public and your story and comment is visible to all.
    3. Ten (10) participants who provide the most creative answers shall be selected from the comments section as the winners, upon Tune Talk’s discretion.
    4. Tune Talk shall announce the winner for the Contest on Tune Talk’s Instagram page on 14th 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. For the avoidance of doubt, the winners shall liaise with Tune Talk via the social media account used to participate in the Contest for verification purpose.
    7. It is hereby agreed by the Eligible Participant that the decisions of Tune Talk pertaining to the winners of the Contest shall be final and not to be disputed.
    8. 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.
    9. All entries must be submitted during the Contest Period only.
    10. There are no limits to the number of times the Eligible Participants can take part in the Contest. However, for the avoidance of doubt, the Eligible Participants can only win the Contest ONCE.
    11. To qualify for participation in the Contest, 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.
    12. Entries that are incomplete, illegible and/or fraudulent shall be disqualified immediately.
    13. Eligible Participants must not cheat or engage in any attempt to cheat or plagiarise the entry.
    14. Tune Talk shall not be responsible if the comment entry or the post entry uploaded to Instagram by Eligible Participants is removed by the respective social media platform for any reason.
    15. Eligible Participants affirm that the comment entry he/she is submitting is original and has not been previously published, for which the Eligible Participants own all necessary rights thereof. The Eligible Participants declare that he/she shall not infringe the intellectual property rights of a third party.
    16. 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 Contest 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 Contest 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 Contest 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 Contest , (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 Contest, 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 Contest, 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 Contest is conditional upon compliance with all applicable laws, rules, and regulations.
  7. Prohibited Content
    1. Prohibited content includes, but is not limited to, contents which, in Tune Talk’s sole judgement and own discretion:
      1. is offensive to the public or community, such as content that promotes racism, politically religious agendas, defamatory in nature, inflammatory religious content, violence, foul language, bigotry, hatred, or physical harm of any kind against any group or individual;
      2. includes ingredients that are offensive to other religious practices and/or Tune Talk’s competitive products that appear in the photos;
      3. harasses or advocates harassment of another person;
      4. involves the transmission of “junk mail”, “chain letters,” “spam,” or any other unsolicited mass mailing, e-mailing, or other communication;
      5. includes any information that the Eligible Participants know is false or misleading, promotes illegal activities or conduct that is abusive, or is threatening, obscene, defamatory, or libellous;
      6. constitutes or includes any illegal or unauthorised copy of another person’s copyrighted or copyrightable work, including, but not limited to, pirated computer programmes or links to them, information which circumvents manufacturer-installed copyright-protected devices, pirated music, or links to pirated music files;
      7. displays obscene, pornographic, or sexually explicit material of any kind;
      8. includes material that exploits people in a sexual or violent manner;
      9. provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
      10. is found offensive, obscene, indecent, or improper as specified in the Malaysian Communications and Multimedia Content Code.
  8. 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 Contest 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.
  9. 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 Contest 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 Contest, 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 Contest.
    3. Everyone participating in these Contest acknowledges that in respect of any Information from her/him pursuant to the Contest:
      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 Contest (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.
  10. 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 Contest, 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 Contest resulting from or arise out of the Contest.
    2. All costs and/or any other costs, fees and/or related expenses that are incurred to participate in the Contest and to redeem the prizes are the sole responsibility of the Winners.
  11. 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 Contest 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 Contest 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 Contest.
  12. Other Terms and Conditions
    1. By participating in The Contest, Eligible Participants agree to be bound by The Contest’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.