Yes Experience Store Lot 10 Contest

Dated: 14th October 2022

  1. The Contest. The “Yes Experience Store Lot 10 Contest” (“Contest”) is an online contest organised by YTL Communications Sdn Bhd (“YTLC”) (Company No. 200701035605 (793634-V)) and is governed by these Contest terms and conditions (“Contest Terms”). There is no entry fee imposed for participation in this Contest.
  2. Contest Eligibility.
    2.1 Subject to Clause 2.2 herein, this Contest is open to all Malaysians aged 18 years and above as of the Commencement Date as defined below.
    2.2 The following categories of persons may participate in the Contest but will not be entitled to win any Contest Prize (as defined below):-
    2.2.1 Employees of YTLC (including its affiliates and related companies), and their respective Immediate Family Members (as defined below); and
    2.2.2  Sponsors, advertising/promotional agencies, other related agencies, dealers, retailers, suppliers of YTLC (including their affiliates and related companies), and their respective Immediate Family Members.

    For the purpose of Clauses 2.2.1 and 2.2.2 herein, Immediate Family Members means any of the following persons:- spouse, ex-spouse, de-facto spouse, child or step-child (whether natural or by adoption), parent, step-parent, grandparent, step-grandparent, uncle, aunt, niece, nephew, brother, sister, step-brother, step-sister or first cousin.

  3. Terms and Conditions. Each eligible person participating in the Contest (“Participant”) confirms and acknowledges that he/she has read and understood these Contest Terms and agrees to be bound by these Contest Terms by his/her participation in this Contest.
  4. Contest Period. This Contest shall commence on 14th October 2022, 00.01am (“Commencement Date”) through 27th October 2022, 11.59pm (“Contest Period”). Any Entry (as defined below) received prior to the Commencement Date or after the end of the Contest Period shall be deemed invalid and such Participant’s Entry (as defined below) will be disqualified. 

  5. Contest Mechanism.
    Each Participant shall:-
    5.1.1 Follow and like @Yes.5G on Instagram and Facebook.
    5.1.2 Visit the Yes Experience Store at Lot 10, Bukit Bintang KL.
    5.1.3 Take a video of the Yes Experience Store at Lot 10, Bukit Bintang KL (“Video”).
    5.1.4 Answer the question “What is your favourite thing about the Yes Experience Store?” by posting a comment in the Video.
    5.1.5 Include #YesExperienceStoreLot10, and tag @yes.5G and one (1) friend in the Video.
    5.1.6 Post the Video on the Participant’s Instagram Reel. Please make sure that the Instagram profile is set to public. (“Entry”)
    5.2 Each Participant may submit multiple Entries, however, only one (1) Entry, amongst all the multiple Entries submitted, which is the most creative will be selected by the judges for their consideration during the Winner selection process.

  6. Winner Selection Process.
    6.1 At the end of the Contest Period, two (2) Participants with the most creative Entry selected in accordance with Clause 15 will be selected as follows:-
    6.1.1 one (1) grand prize Winner; and 
    6.1.2 one (1) 2nd prize Winner,
    collectively, the “Winners”.
    6.2 Winners are required to direct message their personal details (full name, National Registration Identity Card Number, mobile phone number, email address and delivery address) to @Yes.5G on Instagram for verification purposes.
    6.3 Contest Prizes can be collected by the Winners at Yes Experience Store Lot 10 KL upon verification.

  7. Contest Prize.
    7.1 The Winners will be entitled to the following prize (“Contest Prize”) respectively:
    7.1.1 grand prize Winner – one (1) vivo V23 5G (Stardust Black) smartphone; and
    7.1.2 2nd prize Winner – one (1) vivo Y77 5G (Glowing Galaxy) smartphone.
    7.2 The Winners shall not be entitled to redeem the Contest Prize in any other form or manner other than those specified in these Contest Terms.
    7.3 All Contest Prizes are accepted at the risk of the Winners. Save and except for the limited warranty at www.yes.my/tnc, no warranty of any kind whether express or implied is made by YTLC, its agents, sponsors and/or representatives in respect of the Contest Prizes.
    7.4 Winners shall redeem the Contest Prize within sixty (60) calendar days from the date of announcement of Winners (“Collection Period”) in accordance with Clause 8 herein. Failure to claim the Contest Prize within the Collection Period may result in such Contest Prize being forfeited by YTLC and YTLC, its agents, sponsors and representatives shall have no liability to the Winners in any respect whatsoever.
  8. Announcement and Notification of Winners. 
    The names of the Winners will be announced on @Yes.5G on Instagram (https://www.instagram.com/yes.5g/) and/or via such other mode or manner as decided by YTLC at its sole discretion on 31st October 2022.

  9. Exclusions.
    9.1 The Contest Prizes are given and accepted entirely at the risk of the Winners. Any and all Contest Prize-related expenses, including tax liabilities (if any) in relation to this Contest, Contest Prize and/or use or enjoyment of the same, shall be the sole responsibility of the Winners.
    9.2 YTLC shall not be held liable for (a) any delay in performing or partial/total failure to perform any of its obligations under this Contest if such delay or failure is caused by circumstances beyond the reasonable control of YTLC, its affiliates, authorised dealers/distributors, agents or suppliers; and (b) any losses, damage to property, injury, or death resulting from or related to a Participant’s participation or inability to participate in this Contest, or the use, misuse or inability to use the Contest Prize or part thereof.

  10. Laws. This Contest shall in all respects be governed by the laws of Malaysia and by entering this Contest, Participants shall submit to the exclusive jurisdiction of the courts of Malaysia.

  11. Modifications. YTLC reserves the right to add, delete, vary or amend the Contest Terms herein or change or modify any aspect of this Contest, in whole or in part at any time and from time to time and at its sole discretion without notice and without liability to the Participants or any other party. Without prejudice to the aforesaid, YTLC reserves the right to cancel, terminate or suspend this contest at any time before or during the Contest Period without any liability or compensation whatsoever. In the event of such cancellation, termination or suspension of this Contest, YTLC may at its sole and absolute discretion choose not to proceed with the Winners selection process and Contest Prizes.
  12. Disruption of Contest. Without prejudice to Clause 11 above, if for any reason this Contest is not capable of running as planned or is disrupted for reasons due to and including without limitation network failure, infection by computer virus, bugs, tampering, unauthorised intervention, fraud, technical failures or any other causes beyond the control of YTLC or any party responsible for the running of any aspect of this Contest, YTLC reserves all rights in Clause 11 above and further reserves the right at its sole and absolute discretion to disqualify any Participants who tampers or cheat with the processes of this contest and/or its mechanics and YTLC may take any action (including legal action) against such Participant. YTLC shall not accept any responsibility for any Entries not received for whatever reason. YTLC shall not be responsible for technical errors in telecommunications networks, internet access or otherwise preventing Entry to this Contest.
  13. Disclosure Rights. By entering this Contest, each Participant (including each Winner) grants to YTLC express permission as well as a non-exclusive, royalty-free, worldwide licence to use, publish, print, reproduce, disseminate or share his/her Entry, name, video footage, voice, photograph and/or likeness and identity (excluding any sensitive personal data as defined by the Personal Data Protection Act 2010) for editorial, advertising, promotional, marketing or other purposes, without further compensation, for an unlimited period of time, in any of YTLC’s publications, in any form or any media, whether for public consumption or otherwise, unless prohibited by law.  Each Participant (including each Winner) further confirms that by participating in this contest, he/she has read and agreed to the terms in the YTL Group Privacy Policy available at http://www.ytl.com/privacypolicy.asp, and consents to the processing of his/her personal data by YTLC for the purposes stated in the YTL Group Privacy Policy, including for this Contest.
  14. Disqualification and/or Rejection of Entries. YTLC reserves the right to disqualify any Winner at its sole and absolute discretion on the grounds of non-compliance with any of the Contest Terms herein. For the avoidance of doubt, the foregoing is not meant to limit or curtail the rights of YTLC, who may also reject an Entry without having to assign any reasons whatsoever. Each Participant accepts that a decision to disqualify and/or reject a Winner shall be final and not subject to appeal. In the event of a disqualification of Winner after the Contest Prize has been awarded, YTLC reserves the right to demand for the return of the Contest Prize or payment of its value from such ineligible or disqualified Winner.
  15. Judging Criteria and Judging Process. YTLC reserves the sole and absolute discretion to select the Winners of this Contest, which will be determined in accordance with these Contest Terms. The judges’ decision shall be final and conclusive and no appeals or disputes will be entertained.
  16. General Indemnification. Each Participant shall indemnify YTLC against any and all demands, claims, costs, expenses, damages, liability or injury (whether physical in nature or against the reputation of any party) incurred by YTLC, arising out of or relating to the Participant’s participation in this Contest and/or Participant’s acceptance, use or misuse of Contest Prizes, including but not limited to the Participant’s acts, omissions, statements, publications whatsoever as may be in breach of any law or legal rights, as the case may be.
  17. Third Party’s Rights and Indemnification. By participating in this Contest, each Participant warrants that (a) all personal details are the Participant’s own information, (b) all answers, responses and/or Entries submitted in this Contest are true, accurate and original to the Participant and that no other party has any rights to such information/materials. Each Participant agrees to indemnify and keep indemnified YTLC against all claims, losses, damages and/or expenses whatsoever arising from any infringement or violation of any third party’s rights in relation to the submission of any Entry in this Contest.

  18. Survivability of Terms. Any delay, waiver, non-enforcement, modification, amendment, withdrawal or substitution of any term or condition contained herein shall not affect the operation of the other terms or conditions so affected by such a waiver, non-enforcement, modification, amendment, withdrawal or substitution and which shall remain in full force and effect.
  19. Non-compliance. Failure to comply with these Contest Terms may result in disqualification of the relevant Participant.
  20. Facebook Promotion Policy/Instagram Promotion Guidelines. This Contest is in no way sponsored, endorsed or administered by, or associated with Facebook and/or Instagram. Each Participant acknowledges that the information and contents provided by such Participant for this Contest are to YTLC and not to Facebook and/or Instagram and by entering this Contest each Participant hereby expressly release each of Facebook and Instagram from any responsibilities or liabilities in connection with this Contest. Please refer to Facebook Data Use Policy and Statement of Rights and Responsibilities at https://www.facebook.com/page_guidelines.php and Instagram Promotion Guidelines at https://help.instagram.com/179379842258600.