Yahoo! “Heineken Green Room” Contest

Yahoo! “Heineken Green Room” 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 are fifteen (15) pairs of tickets (worth

approximately RM 158 per pair, each pair being a “Prize”) to the Heineken Green

Room event scheduled to take place on 5 October 2011 at KL

Live, 20 Jalan Sultan Ismail, 50250 KL (“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 26 September

2011 (Malaysia time) to 2359

hours on 28 September 2011 (Malaysia

time) (the “Contest Period”).

7. To be eligible for the contest, you must submit

your application as detailed on the contest page at the URL http://my.news.yahoo.com/win-tickets-to-heineken-s-green-room-party--20110926.html (the “Contest

Site”). You must include in your application a slogan of fifteen (15) words or

less centred around the tagline for the Event - “Blitz the Ordinary”. Entries

must be received not later than 2359 hours on 28 September 2011 (Malaysia time),

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) slogans 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 4 October 2011. 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.