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Terms & Conditions for #HotlinkEverydayCEO Hashtag Challenge on TikTok

Version [26 June 2021]

PLEASE READ THIS TERMS AND CONDITIONS (“T&C”) CAREFULLY. BY JOINING THIS CONTEST, YOU AGREE TO ACCEPT AND BE BOUND BY THE T&C.

CONTEST DETAILS

  1. This #HotlinkEverydayCEO Hashtag Challenge (“Contest”) is organized by Maxis Broadband Sdn Bhd (Registration. No. 199201002549 (234053-D) (“Maxis”) commencing 28 June 2021 to 22 August 2021 (both dates inclusive) (“Contest Period”).
  2. Eligibility Criteria
    1. This Contest is open to all Malaysians, aged 18 years old and above only.
    2. This Contest can only be participated by joining the Hashtag Challenge on the TikTok app/platform.
    3. The following persons / groups of persons shall not be eligible to participate in this Contest:
      • permanent, contract or temporary employees of Maxis (including its associated or related companies), their immediate family members (children, parents, brothers and sisters, including spouses);
      • representatives, dealers and/or agents of Maxis/Hotlink and their immediate family members (children, parents, brothers and sisters, including spouses);
      • any person who has committed or is suspected of committing any misconduct, fraudulent or wrongful acts in relation to his/her Maxis/Hotlink account; or
      • existing Maxis/Hotlink subscribers with outstanding payments due of more than one (1) month.

HOW TO PARTICIPATE

  1. Participation Criteria
    To participate in this Contest, the participant must:
    1. Set their TikTok profile page to Public.
    2. Submit a Hashtag Challenge video entry on the TikTok app/platform using the hashtag #HotlinkEverydayCEO AND using the official Hotlink branded filter (“Entry/ies”).
    3. Follow ALL instructions as stated in the #HotlinkEverydayCEO Hashtag Challenge Description Page on TikTok app/platform, including, only using the “Born For This – Foxxi” soundtrack as background music.
  2. As a condition to participating in this Contest, the participant must adhere to all the Eligibility and Participation Criteria failing which, the participant will be disqualified from the Contest at Maxis’ absolute discretion. In addition, Maxis in its sole discretion, reserves the right to reject any Entry or disqualify the submissions without prior notice or explanation.
  3. All Entries submitted after the Contest Period will be automatically disqualified and not considered.
  4. Each participant may submit more than one (1) Entry but will only be entitled to win one (1) Prize throughout the entire Contest Period.
  5. Maxis assumes no responsibility for late entries due to any reason including, but not limited to, network transmission failure.

WINNING CRITERIA AND PRIZES

  1. Subject to these T&Cs, participants will stand a chance to win a new realme C21 smartphone worth RM599 (“Prize”).
    Winning Criteria:
    1. There will be a total of 10 contest winners during Contest Period (“Contest Winners(s)”). However, Maxis reserves the right to vary the number of Contest Winner(s).
    2. Contest Winner(s) will be selected by Maxis from the best performing Entry with the highest number of likes.
  2. All of Maxis’ decision with regards to all aspects of the Contest shall be final. No dispute, challenge, correspondence or appeals will be entertained.
  3. Maxis reserves the right to request proof of identification (IC) number and age of any Contest Winner before the Prize is issued. Maxis reserves the right to forfeit Prize(s) for any Contest Winner who does not provide the required details upon receiving the request/notification from Maxis.
  4. Winners Announcement:
    1. Winners will be announced on 3 September 2021 on Hotlink Postpaid’s website (https://www.hotlink.com.my/postpaid).
    2. Notwithstanding paragraph 11(i), Maxis reserves the right to use any other method or medium that it deems fit at its sole and absolute discretion for the purpose of announcing the Contest Winners.
    3. Maxis reserves the right to appoint a third party to conduct the verification of Contest Winners and to fulfil the delivery of prizes and participants agree that Maxis may provide all necessary information of Contest Winner to such third party to facilitate such services.
  5. All Prizes are accepted entirely at the risk of the Winner, and Maxis excludes all warranties in connection with any Prize to the extent permitted by law.
  6. If a Winner chooses not to accept a Prize, they forfeit any and all claims to the Prize, which will be dealt with, according to the absolute discretion of Maxis.
  7. All Prizes are non-transferrable. Actual Prize may vary due to stock limitations.
  8. The Contest Winner(s) are fully responsible and shall hold Maxis harmless for any injuries, damages or claims as a result of or arising from their participation in the Contest, usage of their Prize and/or collection of the Prize. All transportation, accommodation, personal cost and/or any other costs and/or any other related expenses that are incurred to participate in this Contest and/or to redeem the prize are the sole responsibility of the Contest Winner.
  9. Maxis shall not be liable for any complaints regarding the condition, quality or performance of the Prizes. Any claim shall be made directly to the manufacturer of the Prizes, as per the product warranty terms.

GENERAL DISCLAIMER

  1. By participating in this Contest, participant agrees to be bound by the T&Cs and consent to allow his/her personal data being collected, processed and used by Maxis in accordance with Maxis Group Privacy Statement at https://www.maxis.com.my/privacy-statement/. The Maxis Group Privacy Statement shall form an integral part of the T&Cs of this Contest.
  2. The personal information/personal data collected may be used in future by Maxis to provide the participant with further information about similar events and information in relation thereto, which the participant may opt out of by informing Maxis of his/her decision to do so. The participant’s personal information/personal data is subject to the safeguards concerning privacy and security of data as set out in the Maxis Group Privacy Statement and the Personal Data Protection Act 2010.
  3. The participant shall ensure that all personal information/personal data provided to Maxis are accurate and correct at the point of submission and that Maxis is kept informed and updated of any change in his/her personal information/personal data.
  4. By entering the Contest, each participant expressly grants permission to Maxis and its agencies or partners the right to publish, use the names, photographs and/or likeness, video, recording, images, screenshots, Entries or other media item (if any) of the participants and/or Contest Winners (“Media Item”), in whole or in part, with or without modification as Maxis may see fit for use as material for Maxis’ products, marketing campaigns, brand marketing, advertising and/or publicity purposes, perpetually for free, without payment or prior notice to the participant. For the avoidance of doubt, Media Items shall include but is not limited to network media, print media, printings, photography, exhibitions, retail stores, road shows, digital content, out of home media, and other marketing activities in Malaysia. The participant hereby releases Maxis, its directors, officers, employees, representatives, and agents from all claims and demands arising out of or in connection with any use of the Media Items including but not limited to claims for invasion of privacy, defamation and any other personal or proprietary rights.
  5. For the purpose of promoting the Contest, the participant further irrevocably consents to Maxis editing, amending, adapting and reproducing the Media Items in any form or media and/or perform any other act in promoting the Contest as Maxis sees fit according to its sole discretion, whether or not this constitutes an infringement of the participant’s moral rights as that term is understood pursuant to any provision of law prevailing now or in the future in Malaysia.
  6. The participant also grants and assigns to Maxis the entire copyright and other intellectual property rights and interests in the Contest’s promotional materials prepared by Maxis based on the Media Items in all media and technology (“Maxis Promotional Materials”). The Maxis Promotional Materials shall become the property of Maxis and Maxis may use, distribute and grant licences to the Maxis Promotional Materials in any medium and in any reasonable manner it sees fit. Copyright, interest and/or any other intellectual property rights in the Maxis Promotional Materials shall vest absolutely in and with Maxis.
  7. Maxis reserves the right:
    1. to change, amend, revise, supplement, delete, vary or add to the T&Cs without prior notice at any time and the participants shall be bound to such changes, amendments, revisions, supplements, deletions, variations or additions;
    2. at any time, change any aspect of the contest (including but not limited to Eligibility and Participation Criteria, Winning Criteria and discontinuing the contest) without prior notice; and
    3. at its sole discretion to cancel, suspend, modify or delay the Contest in the event of unforeseen circumstances beyond its reasonable control. By continued participation in this Contest, participant will be deemed to have accepted any changes, amendments, revisions, supplements, deletions, variations or additions, which may be published at https://www.hotlink.com.my/en/terms-conditions/hotlink/campaigns/tiktok-hashtag-challenge/.
  8. This Contest is in no way sponsored, endorsed, or administered by, or associated with Facebook or Instagram or TikTok.
  9. Please be advised that all materials posted on TikTok app/platform are subjected to public downloading and viewing by third party viewers for which Maxis has no influence over and therefore is not responsible for and disclaims all liability in respect of the actions of such third parties.
  10. In no event shall Maxis, its related and affiliated corporations, sponsors, agencies and representatives be liable to the participant or to anyone else for any loss or injury or any direct, indirect, special, exemplary, consequential damages, or any damages whatsoever, whether in contract, negligence or in tort, arising out of or in connection with the contest, including (without limitation) any cancellation or postponement of the Contest and/or Prize.
  11. To the maximum extent permitted by law, the participant agrees to defend, indemnify and hold Maxis, its directors, officers, employees, representatives and agents harmless from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including legal fees) arising out of or accruing from (i) any non-compliance and breach by the participant of these T&Cs; and (ii) any breach of applicable laws.
  12. Furthermore, Maxis shall not be liable for any default of its obligations under the contest due to any force majeure event which includes but not limited to act of God, war, riot, lockout, industrial action, fire, flood, drought, storm, pandemic, epidemic or any event beyond the reasonable control of Maxis.
  13. The participant represents and warrants to Maxis that (i) he/she has the right, authority and power to participate in the Contest in accordance with these T&Cs; (ii) he/she shall provide such proof as Maxis requires; and (iii) all the statements (if any and if so required, whether now given or in the future) made by the participant to Maxis are and shall be true, correct, accurate and complete; and (iv) the participant has not and shall not give any expression, demonstrate any support or associate himself / herself in any way, whether verbally or otherwise, with any cause, issue, movement or material which may be sensitive, anti-establishment, critical or anti-government or which may be offensive, cause disharmony or upset to any sector of the public or which may jeopardize or prejudice Maxis in any way.
  14. The participant shall not hold himself / herself out to be a Maxis representative, agent, or having a role of any kind in Maxis without obtaining the prior written consent of Maxis.
  15. Maxis reserves the right, in its sole discretion, to disqualify any participant and/or revoke the participant’s eligibility to any Prize if it is found or suspected that the participant has tampered with the Contest submission process, the operations of this Contest or the participant is in violation of these T&Cs. Additionally, Maxis reserves the right to disqualify any participant, revoke the participant’s eligibility to any Prize and/or to forfeit any Prizes from any Contest Winner and request removal of the participants’ / Contest Winner’s video or Entries from the TikTok app/platform if Maxis in its sole discretion believes that the participant / Contest Winner (i) has behaved in a manner which may be damaging, destructive, or detrimental to the image and reputation of Maxis; (ii) to have made any derogatory, disparaging or critical remarks, comments or statements about Maxis; or (iii) if Maxis believes that the participant has undertaken fraudulent practice and/or activities or other activities harmful to this Contest or to Maxis. For the avoidance of doubt, fraudulent activities include but are not limited to any act of deceit, deception, cheating and/or misrepresentation of any kind.
  16. These T&Cs stated herein shall be governed by the Laws of Malaysia and subject to the exclusive jurisdiction of the Courts of Malaysia.