Yahoo! “Joey Yap's Feng Shui and Astrology for 2012 Seminar” Contest Terms and Conditions
Contest
Terms and Conditions
1. This contest is run by Yahoo! Malaysia Sdn. Bhd. (Co. Reg. No. 877665-A), a company incorporated in Malaysia and having its registered office at Level 21 Suite 21.01 The Gardens South Tower, Mid Valley City Lingkaran Syed Putra, 59200 Kuala Lumpur, Malaysia ("Yahoo!").
2. By entering this contest you agree to these terms and conditions which will at that time become binding between you and Yahoo!. Your participation in the contest is in consideration for Yahoo! allowing you to enter it and giving you the opportunity to win a prize.
3. No purchase is necessary in order to enter the contest. There is no fee charged to enter into this contest other than the cost of you accessing the Internet which you would otherwise have.
4. You must be at least 18 years of age and a non-Muslim citizen or permanent resident of Malaysia to enter into this contest and receive a prize if you win. Employees of Yahoo! or any of its group companies or its agencies associated with this promotion, and their immediate family members, are not eligible to enter or participate. Entrants will be deemed to be the natural person to whom the email address (provided on entry) is registered. Only one entry per person is permitted.
5. The prize(s) for the contest arefifteen (15) pairs of tickets (worth approximately RM 160 per pair, each pair being a “Prize”) to the Joey Yap's Feng Shui and Astrology for 2012 Seminar (in English) event scheduled to take place on 15 January 2012 at Plenary Hall - Level 1, Kuala Lumpur Convention Centre, Kuala Lumpur City Centre, 50088 Kuala Lumpur, Malaysia. (“Event”). Any pictures used to promote the prizes are for information only. There is no cash alternative instead of the prize. Yahoo! reserves the right to change or substitute any of the prizes.
6. The contest will run from 0000hours on 23 December 2011 (Malaysia time) to 2359 hours on 7 January 2012 (Malaysia time) (the “Contest Period”).
7. To be eligible for the contest, you must submit to editor.malaysia@yahoo.com.my your application as detailed on the contest page (the “Contest Site”). You must in your application complete with 30 words or less the sentence "I think feng shui is.........". Entries must be received not later than the expiry of the Contest Period, after which no further application will be accepted.
8. At the end of the Contest Period, all valid applications will be evaluated by a panel of Yahoo! representatives, and contestants who submitted the applications containing the best fifteen (15) statements will be selected as being the winning contestants (in the Yahoo! representatives’ sole discretion and judgement), and will each receive a Prize.
9. Each winner of a Prize will be notified by email within one (1) day after the end of the Contest Period. If Yahoo! is unable to contact any initial selected winner, Yahoo! reserves the right to select another contestant as a winner. The details of each winner including any picture and video may be posted on Yahoo! websites. Every reasonable effort will be made to contact the winners. If a winner cannot be contacted within two (2) days of the end of the Contest Period, the Prize will revert to Yahoo! and may be awarded to another entrant at Yahoo!’s absolute discretion.
10. The Prizes will be available for collection during office hours at the following designated Yahoo! office: Yahoo! Malaysia Sdn. Bhd., located at Level 21 Suite 21.01 The Gardens South Tower, Mid Valley City Lingkaran Syed Putra, 59200 Kuala Lumpur, Malaysia.
11. Winners will be required to present a proof of identification and Yahoo!’s email notification when claiming the Prize. In the event that a representative is collecting the Prize, the winner’s authorization letter and proof of identification as well as the representative’s proof of identification will be required.
12. Winners must collect their Prizes by 13 January 2012. Yahoo! does not accept any responsibility for any winner's failure to collect his/her Prize. Yahoo! may award, assign or dispose of any uncollected Prize(s) in any manner in its sole discretion.
13. Reporting and payment of all applicable taxes, fees, and/or surcharges, if any, arising out of, or resulting from, acceptance or use of a Prize are the sole responsibility of the winner of that Prize. For the avoidance of doubt, except as specifically stated, the prizes do not include and Yahoo! will not be responsible or liable for any tax, insurance, telecommunication charge, travel expense and/or any other personal expense that the winners incur or may incur in connection with the acceptance, receipt or use of the Prizes or travel to and from the Prize redemption venue, which will remain the sole responsibility of the winners. Yahoo! expressly disclaims any responsibility or liability for any damage, injury or loss to or suffered by any person, entity or property directly or indirectly arising from or relating to the delivery, collection and/or subsequent use of any Prize. Yahoo! makes no representations or warranties, whether express or implied, or in fact or in law, concerning the quality, appearance, safety or performance of any Prize awarded. Yahoo! is not obliged to and will not replace any Prize with a similar prize or any other prizes, in the event the winner and/or his/her designee or nominee are unable to enjoy the Prize. Yahoo! will not replace any lost or stolen prize items.
14. (a) Your personal information will be used by Yahoo! to conduct the contest, for participation in the Prize and in accordance with Yahoo!'s Privacy Policy, currently located at http://info.yahoo.com/privacy/mye/yahoo, subject to the following, which shall be in addition to the Privacy Policy.
14. (b) If you are a winner of a Prize, Yahoo! may use your information collected during the contest for marketing or promotional purposes, including using your name and likeness to announce the winners online as described above in section 9.
15. You represent and warrant that you owns all rights, titles and interests to and in any slogan and/or any other materials submitted via your application or entry on the Contest Site (the “Materials”) and can provide written confirmation of any of the above upon request. You further warrant and represent that the Materials are original and have been legally obtained and created, and do not infringe the intellectual property rights or any other legal or moral rights of any third party.
16. You hereby grant to Yahoo! and its affiliates, legal representatives, assigns and licensees, the right and permission to copy (as appropriate), reproduce, encode, store, copy, transmit, publish, broadcast, display, publicly perform, exhibit and/or otherwise use or reuse (without limitation as to when or to the number of times used), your name, address, image, voice, likeness, statements, biographical material and Materials (in each case, as submitted or as edited by Yahoo!, in Yahoo!'s sole discretion), as well as any additional photographic images, video images, portraits, interviews or other materials relating to you and arising out of your participation in this contest (with or without using your name) (collectively, the "Additional Materials") in any media throughout the world for advertising and publicity purposes without additional review, compensation, or approval.
17. You agree to indemnify and hold Yahoo! and its respective subsidiaries, affiliates, officers, directors, agents, co-branders or other partners, and any of their employees (collectively, the "Contest Entities"), harmless from any and all claims, damages, expenses, costs (including reasonable attorneys' fees) and liabilities (including settlements), brought or asserted by any third party against any of the Contest Entities due to or arising out of your Materials or Additional Materials in this contest, including but not limited to trademark, copyright, or other intellectual property rights, right of publicity, right of privacy and defamation.
18. You agree to the processing by Yahoo! and their affiliates of personal information about you submitted when you enter this contest or collected if you participate in a prize (including without limitation information about your physical or mental health, racial or ethnic origins, religious or similar beliefs, sexual life, political opinions, trade union membership, criminal convictions or alleged criminal activity, as applicable), for the purposes and in the manner set out above or in that Yahoo! Privacy Policy (including the disclosures of such information or transfer of it to jurisdictions which may not provide the same legal protection as in Malaysia or the country in which you are located).
19. Except as otherwise required by applicable law, Yahoo! is not responsible for any loss or damage associated with you entering into this contest, the carrying out of the draw or the provision or otherwise of any aspect of any prize or any act or omission of any other person or party, and all warranties, conditions and representations (of any kind) not expressly set out in these terms and conditions are hereby excluded.
20. Yahoo! may terminate these terms and conditions, the contest or any prize if you do not comply with any of these terms and conditions or are unlikely to do so, if Yahoo! decides in its absolute discretion to withdraw the contest before any winners are notified, or thereafter if any circumstances beyond Yahoo!’s reasonable control prevent or restrict Yahoo! or any other person or party from providing the Prize or any aspect of the Prize.
21. Yahoo! will have the right at its sole discretion to disqualify any participant found to be or in Yahoo!’s reasonable opinion has been: (a) tampering or attempting to tamper with the submission of entries, the selection process or any Yahoo! property or service; (b) violating these terms and conditions or any applicable law or regulation; (c) violating the terms of service, conditions of use and/or general rules or guidelines of any Yahoo! property or service; (d) acting in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person; or (e) improperly obtaining or attempting to improperly obtain an unfair advantage, over other participants in this contest. Further, Yahoo! reserves the right to disqualify any entry or application which, in Yahoo!'s sole opinion, is deemed to be offensive, disparaging to the Yahoo! or otherwise portraying Yahoo! in a negative manner, libellous, slanderous, inflammatory, or otherwise inappropriate in any way for this contest.
22. You agree that (unless applicable law requires otherwise) any right that you have under applicable law to cancel ends when the winner of the contest is announced. If thereafter you cannot participate in any prize for reasons beyond your reasonable control, you must notify Yahoo! and Yahoo! may in its absolute discretion give that prize to someone else.
23. You may not assign or transfer your rights or obligations, or subcontract your obligations, under these terms and conditions, such as giving a prize to anyone else, without Yahoo!’s prior written consent. Yahoo! may assign or transfer its rights or obligations, or subcontract its obligations, under these terms and conditions without your consent.
24. Yahoo! or its licensors retain and reserves all rights in and to each website, and all aspects of the contest and each prize, including all derivatives, developments, modifications and improvements.
25. These terms and conditions, and any instructions from Yahoo!, constitute the entire agreement between you and Yahoo!, superseding any prior agreements between you and Yahoo! on the subject matter herein. Any failure or delay by Yahoo! in exercising or enforcing, or partial exercise or enforcement of, any right or provision of these terms and conditions shall not constitute a waiver of such right or provision (or waive any further exercise or enforcement) or any other right or provision. If any provision of these terms and conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision and the other provisions of the terms and conditions will remain in full force and effect.
21. These terms and conditions and any dispute relating thereto or between you and us will be governed by and construed in accordance with the laws of Malaysia. Any dispute between the Parties herein shall be resolved by arbitration in Kuala Lumpur in accordance with the Arbitration Rules of the Kuala Lumpur Regional Arbitration Centre (“Rules”) for the time being in force, which Rules are deemed to be incorporated by reference in this Clause. The language of the arbitration shall be English, and the award by the arbitral panel shall be final and binding on the parties.
