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Ho-ho-hot Christmas – Social Media Contest T&Cs

  1. General
    1. Tune Talk Sdn. Bhd. (“Tune Talk”) is organising two social media contests in conjunction with Christmas 2024 (hereinafter defined as “Contests”) as detailed herein.
    2. The Contests shall be governed by the Terms and Conditions (“Terms and Conditions”) mentioned herein.
    3. Tune Talk reserves the right to cancel or modify the Contests 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 namely Instagram and/or Tiktok (“Tune Talk’s Social Media Platform”).
    4. The Contests shall commence as follows:
      1. 2nd December 2024 and ends on 11:59PM, 31st December 2024 (hereinafter referred to as “Contests Period”)
  2. Qualifying Participant
    1. By participating in the Contests at any time during the Contests Period, you as a participant, hereby agree:
      1. to this Terms and Conditions;
      2. to indemnify Tune Talk against all claims in relation to your participation in these Contests and/or breach of the Terms and Condition contained herein;
      3. that any decision of Tune Talk concerning the Contests shall be final and conclusive;
      4. at the request of Tune Talk, you shall furnish Tune Talk with any information required to verify your identity pertaining to the Contests;
      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.
    2. Tune Talk reserves the sole right at any time during the Contests Period to disqualify and/or exclude anyone from the Contests, 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 PlatformQuantityPrizes
      InstagramTen (10) onlyRM200 worth of Tealive vouchers per winner
      Social Media PlatformQuantityPrizes
      TikTokTen (10) onlyRM200 worth of Tealive vouchers per winner
  4. Rules and Qualifying Criteria
    1. Contests shall be open open to all Malaysians aged eighteen (18) and above
      (hereinafter collectively defined as “Eligible Participants”).
    2. To participate in the Contests, Eligible Participants shall:
      1. Comment how YOU celebrate a HOT Christmas in true Malaysian style on the post pertaining to the Contests (hereinafter referred to as the “Participating Post”).
      2. For submissions on Instagram:
        1. Follow Tune Talk’s official Instagram account (@tunetalk)
        2. In the Participating Post, include @tunetalk, hashtag #TTHotChristmas and tag three (3) friends in your comment.
        3. Ensure your Instagram account is set to public throughout the Contest Period.
        4. Like and share the contest post pertaining to the contest on Tune Talk’s Instagram.
      3. For submissions on TikTok:
        1. Follow Tune Talk’s official TikTok account (@tunetalk)
        2. In the Participating Post Include @tunetalk and the hashtag #TTHotChristmas in your comment.
        3. Ensure your TikTok account is set to public throughout the Contest Period.
        4. Like and share the contest post pertaining to the contest on Tune Talk’s TikTok.
    3. For the avoidance of doubt, an entry is considered submitted when all steps specified in Clause D(2) are completed in full on the chosen platform(s). Participants may submit entries on both platforms, provided each submission adheres to the requirements of the respective platform.
    4. Tune Talk shall accept the Contests submission PROVIDED ONLY if the Eligible Participants adhere to the T&Cs contained herein and abide the rules set out in Paragraph D hereof.
    5. For the avoidance of doubt, there shall be no limits to the number of times the Eligible Participants can take part in the Contests. However, the Eligible Participants are only allowed to win the Contest ONCE, notwithstanding which social media platform the Eligible Participants has participated in.
    6. The winners to the Contests shall be announced on Tune Talk’s Social Media Platforms on 8 Jan 2025.
    7. Tune Talk shall have the absolute discretion to reject any Contests by the Eligible Participant for any reason, in the event Tune Talk deems necessary, without providing an explanation to the Eligible Participant.
    8. To qualify for the participation in the Contests, Eligible Participant must strictly adhere to all the guidelines and the Terms and Conditions contained herein. In the event where the Eligible Participant has failed to comply to the Terms and Conditions contained herein, Eligible Participant shall be deemed disqualified to participate in the Contests.
    9. Eligible Participant hereby understands that there shall be no extension of the expiry date from the date of issuance of the voucher from the Contests.
    10. Eligible Participants must not cheat and/or engage in any attempt to cheat or plagiarise to participate in the Contests.
    11. Eligible Participants 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 Contests itself.
    12. Eligible Participants hereby understand, agrees, and understood that by participating in this Contests, they shall abide with the Guidelines On Registration Of End Users Of Prepare Public Cellular Services.
  5. Contests
    1. The Contests by Eligible Participant shall be final, and no correspondence shall be entertained.
    2. Eligible Participants automatically relinquish all rights or claims pursuant to the Contests and agree for these materials to be used by Tune Talk for the purpose of advertising and promotion.
    3. The Contests shall be based pursuant to Paragraph c herein.
    4. All Contests are given on an “as is” basis and are not exchangeable for other items or vouchers, in part or in full.
    5. Tune Talk reserves the right to amend or change the Contests without any prior notice.
    6. 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 Contests.
    7. All Contests shall be entirely at the risk of the Eligible Participant, and Tune Talk excludes all warranties in connection with any Contests to the extent permitted by law.
    8. Acceptance of any Contests shall constitute consent on the Eligible Participant’s part to allow the use of their name, image, and/or voice, by Tune Talk for editorial, advertising, promotional, marketing and/or other purposes without further compensation except where it is prohibited by law. Acceptance of any Contests shall constitute a release and discharge of Tune Talk by each Eligible Participant from any and all liability, claims, demands, causes of action, and /or damages which the Eligible Participant may have, whether known or unknown at the present time, of any nature whatsoever, arising out of or relating to : (i) the Contests, (ii) personal injury and / or property damage, theft or loss suffered by the Eligible Participant as a results of the use and/or enjoyment of the Contests, and or (iii) any tax liabilities in relation to the Contests and/or use or enjoyment of the same.
    9. Tune Talk’s decision regarding the Contests, 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 Contests. For the avoidance of doubt, no queries or appeals shall be made or entertained regarding to Tune Talk’s decision on the same. The receipt by any Eligible Participant of any Contests is conditional upon compliance with all applicable laws, rules, and regulations.
  6. 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.
  7. Data Protection
    1. By participating, Eligible Participants consented to or grant Tune Talk and its affiliates the permission to use their name, photograph or image for future advertising and publicity purposes in connection with the Contests in any media without additional compensation, notification or permission.
    2. At times Tune Talk may retain third parties to process Eligible Participant’s Contests. 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. For the avoidance of doubt, 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 Contests 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 Contests, 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 Contests.
    3. Everyone participating in these Contests acknowledges that in respect of any Information from her/him pursuant to the Contests:
      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 Contests (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 Eligible Participant 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 Contests, and/or usage of the Contests. 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 Contests, or resulting from or arise out of the Contests.
    2. All costs and/or any other costs, fees and/or related expenses that are incurred to participate in the Contests are the sole responsibility of the Eligible Participant.
  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. Tune Talk shall reserve the right to publish, use the names and/or photographs and/or videos of the Eligible Participant as materials for the purposes of advertising and/or trade publicity, without any prior notice to the Eligible Participant and the Eligible Participant shall not be entitled to claim ownership or other forms of compensation for the materials.
    3. 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.
    4. Tune Talk at its sole discretion, reserves the right to modify, suspend or cancel the Contests 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.
    5. 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 Contests 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 Contests.
  11. Other Terms and Conditions
    1. By participating in The Contests, Eligible Participants agree to be bound by The Contests 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.