8. Prizes
There will be three (3) weekly prizes for twelve (12) consecutive
weeks with a total of thirty six (36) weekly prizes to be
won during the Contest period.
The Contestant
shall be entitled to one (1) weekly prize only within a
particular week. However, the same Contestant shall be entitled
to win again in the following weeks.
Prizes depicted
in the advertisements are strictly for advertising purposes
only and they may or may not resemble the actual prizes.
TM Net reserves the right to change the prizes without any
prior notification.
Prizes not
claimed within two (2) months upon request/notification
from TM Net shall be forfeited. Prizes are not exchangeable,
transferable or redeemable in any other form for whatever
reason. The Contest winners are solely responsible for the
collection of their prize, TM Net and representatives shall
have no liability to the Contest winners in any respect
whatsoever.
Prizes are
non-transferable and there is no cash alternative.
TM Net reserves
the right to request written proof or residency and age
of any Contest winner before the prize is dispatched or
collected.
TM Net makes
no warranties or representations whatsoever with regard
to the prize and shall not be responsible or liable for
any problems and/or damage thereto or arising therefrom.
Prizes must
be claimed in person unless TM Net advises otherwise. Identification
which includes a photograph will be required (examples include
identification card/drivers license/passport which displays
a photograph of the Contest winner). Where TM Net elects
to post a prize to a Contest winner, no responsibility will
be accepted by TM Net for the safe and effective postal
delivery of the prize. Please allow 4 to 8 weeks from the
date of notification for delivery of the prizes (where applicable).
In special
situations, and subject to the absolute discretion of TM
Net, a Contest winner may nominate a designated representative
to collect the prize. The representative will be required
to present written authorization from the Contest winner
and identification that includes a photograph for both the
Contest winner and their representative.
In the event
that a Contest winner chooses not to accept a prize, they
forfeit any and all claims to that prize, which will be
dealt with according to the absolute discretion of TM Net.
The Contest
winner(s) of any prize(s) may at the absolute discretion
of TM Net be required to execute a deed of release and indemnity
in a form prescribed by TM Net in order to receive the prize.
All prizes
are accepted entirely at the risk of the Contest winner,
and TM Net excludes all warranties in connection with any
prize to the extent permitted by law. The Contest winners
shall comply with the terms and conditions of each prize.
9.
Prize Giving Ceremony
In the event TM Net has a prize giving ceremony, the Contest
winner(s) are required to attend at his / her own cost and
expense to collect the prize. In the event the Contest winner
is not able to attend the prize giving ceremony, the Contest
winner must nominate a representative to be present at the
prize giving ceremony to accept the prize on his/her behalf.
10.
Publicity
TM Net reserves the right, at its sole and absolute discretion,
to use the usernames, names, visuals, voice, video recordings,
entries and / or likeness of the Contest winner(s) and /
or representatives without first obtaining any consent nor
making any payment whatsoever to the Contest winner(s) and
/ or representatives for publicity, advertising, trade or
promotion purposes in any media.
11.
Privacy Policy
Registration Data and certain other information about the
Contestant are subject to TM Net's Privacy Policy. For more
information, see TM Net's full privacy policy at http://www.bluehyppo.com/bluehyppo/html/corp/privacy/index.html
12.
Passwords and Security
Contestant is responsible for maintaining the confidentiality
of the password and is fully responsible for all activities
that occur under his / her tmnet prepaid / prepaid ONE /
BlueHyppo respective accounts.
13.
Disqualification
TM Net reserves the right at its sole discretion to disqualify
any individual that it determines to be tampering with the
entry process or the operation of the Contest, to be acting
in breach or potential breach of these Contest terms and
conditions. No correspondence shall be entertained.
14.
Suspension
TM Net further reserves the right to cancel, modify, suspend
or delay the Contest in the event of unforeseen circumstances
beyond its reasonable control.
15.
Variation to the Terms & Conditions
TM Net reserves the rights to change, amend, delete or add
to these Contest terms and conditions without prior notice
at any time and the Contestants shall be bound by such changes.
Notice of the amendment may be given by TM Net to the Contestant
in such manner that TM Net deems appropriate.
16.
Liability
TM Net will not be responsible or liable for:
- Any problem, loss or damage of whatsoever nature suffered
by any party due to any delay and / or failure in receiving
and sending the entry form as a result of any network, communication,
security or privacy settings (e.g. pop-up blocker) or system
error, interruption and / or failure experience by the participating
internet line and / or resulting from participation or the
downloading of any materials in the Contest. In the event
of such error, interruption and or failure, TM Net shall
not be responsible or liable for any failure by any Contestant
to participate in the Contest at any time.
- Any problem, damage or loss of whatsoever nature to any
Contestant, or their authorized representatives resulting
from their participation in the Contest.
- Any error (including error in notification of Contest
winners), omission, interruption, deletion, defect, delay
in operation or transmission, internet line failure, theft,
destruction of, or unauthorized access to entries, PC hang
whether or not arising during operation or transmission
as a result of server functions, virus, bugs or other causes
outside its control.
17.
Disclaimer
TM Net makes no warranty of any kind, either expressed or
implied, including, but not limited to, warranties of accuracy
and expressly disclaim all implied warranties, including
but not limited to warranties of merchantability or fitness
for a particular purpose.
TM Net shall
not be liable to the Contestant for any cost, claim, liability,
expense, demand or damage whatsoever (including any loss
of profit, lost of saving or incidental or consequential
damage), arising out of the Contestant’s entry for
the Contest.
While every
care is taken by TM Net in the transmission of the questions
and information via website, TM Net shall not be liable
for any loss of information howsoever caused whether as
a result of any interruption, suspension, or for the contents'
accuracy or quality of information available, received or
transmitted via website to the Contestant.
The Contestant
shall be solely responsible, and TM Net shall not be liable
in any manner whatsoever, for ensuring that in using the
Internet service, all applicable law, rules and regulations
for the use of any Internet system, service or equipment
shall be at all times complied with.
18.
Indemnity
The Contestant undertakes and agrees to indemnify, save
and hold harmless TM Net at all times against all actions,
claims, proceedings, costs, losses and damages whatsoever
including but not limited to libel, slander or infringement
of copyright or other intellectual property rights, death,
bodily injury or property damage howsoever arising which
TM Net may sustain, incur or pay, or as the case may be,
which may be brought or established against TM Net by any
person including a company or corporation whomsoever arising
out of or in connection with the Contest.
TM Net shall
not be liable for any loss or any damage sustained by reason
of any disclosure, inadvertent or otherwise of any information
concerning the Contestant's Registration Data. Neither shall
TM Net be liable for error, omission or loss due to the
neglect of TM Net.
19.
Waiver
Any failure, delay or indulgence of TM Net to enforce any
term, condition or provision of this terms and conditions
shall not be construed as a waiver of any of TM Net's right
or as affecting the legality or validity of all or any part
of this terms and conditions or the right of TM Net to take
action later.
20.
Assignment
The Contestant shall not assign any of his / her right(s)
or obligation(s) under this terms and conditions to any
other person whomsoever except with prior written approval
of TM Net.
21.
Recourse
If the Contestant is dissatisfied with any part of the Contest,
or with any terms, conditions, rules, policies, guidelines
or practices of TM Net in organizing the Contest, the Contestant’s
sole and exclusive remedy is to discontinue participation
in the Contest.
22.
Governing Law
The Contest shall in all respects be governed by the laws
of Malaysia. However, it shall be the sole responsibility
and obligation of each Contestant and winner to ensure that
he / she complies with and does not contravene any laws
to which he / she may be personally subject.
23.
Contestant’s Acknowledgement
The Contestant hereby acknowledges that:
- He
/ She has read and fully understood all the terms and conditions
contained herein upon clicking the "I Agree" button
for registration online.
- The Registration Data provided to TM Net are true, genuine
and contain the latest information and allows TM Net to
conduct independent verification on the same with any organization
or body and;
- Notwithstanding the above, TM Net reserves the right to
reject entries as TM Net deems fit and necessary without
reserving any reason whatsoever.
The Contestant further acknowledges that:
- It
is TM Net's policy to use the Contestant's data and personal
information acquired through the registration process for
its business purposes and the Contestant hereby grants TM
Net the right to do so;
- TM Net may use the Contestant's personal information for
the internal purposes of customizing advertisements and
content on the BlueHyppo website, providing information
to the Contestant of other products and services available
from TM Net and its affiliates;
- TM Net will disclose the Contestant's personal information
if required to do so by law, or in good faith, if such action
is necessary to:
(i)
Comply with any law enforcement agency, court orders or
legal process; or
(ii) Protect and defend the rights or property of TM Net
and its Customers. |