Dated 27th September 2024
- The Campaign.
The Yes Experience Store Opening Giveaway Specials Campaign (“Campaign”) is a time limited campaign launched by YTL Communications Sdn. Bhd. (“YTLC”) (Company No. 200701035605 (793634-V)) operating under the brand name “Yes”. The Campaign shall be governed by these terms and conditions (“Campaign Terms”).The participation in this Campaign constitutes Participant’s full and unconditional agreement to these Campaign Terms and YTLC’s decisions and interpretations, which are final and binding in all matters arising from or in connection with the Campaign. For the purposes of the Campaign, YTLC may contact the Participants by Instagram post or email. YTLC will use the relevant Instagram accounts associated with the Participant’s submission at the time of entry. Participants are not allowed to (i) change their Instagram accounts, or (ii) use more than one Instagram account or multiple identities. All information (including personal identifiable data) collected from the Participant shall be used for this Campaign only.
- Campaign Eligibility.
2.1 This Campaign is open to individuals who: (i) reside in Malaysia; and (ii) is at least eighteen (18) years old at the time of the Campaign (“Participants”).
2.2 The Participants shall not be: (i) the employees of YTLC (including its parent companies, subsidiaries, affiliates), and each their immediate family members (i.e. spouse, parent, sibling, or child), and (ii) advertising and promotional agencies, dealers, retailers and other representatives of YTLC. - Applicable Terms and Conditions.
Save as expressly varied and set out herein, all such terms and conditions as stipulated in the Postpaid Service Terms and Conditions, Postpaid Service Plans Terms and Conditions, Prepaid Service Terms and Conditions and all such applicable terms and conditions published on yes.my/docs/tnc (collectively referred to as “General Terms and Conditions”) shall remain valid and are incorporated to these Campaign Terms as if the General Terms and Conditions are stated in full herein. In the event of any conflict or inconsistencies between the General Terms and Conditions and these Campaign Terms, notwithstanding anything to the contrary, these Campaign Terms shall prevail only to the extent to resolve any such conflict or inconsistencies. Words in capital not defined herein shall have the same meaning ascribed to them in the General Terms and Conditions. - Campaign Day.
The Campaign begins on 27th September 2024 at 10:00 am Malaysia time and ends on 31st October 2024 at 23:59 Malaysia time (both dates inclusive) (“Campaign Period”). YTLC shall have the sole and absolute discretion to extend and/or vary the Campaign Period without prior notification. - Campaign Criteria.
5.1 On a Weekly Cycle during the Campaign Period, to walk home with a Campaign Prize, Participants must achieve either one of the top two (2) spot in the total Entry Numbers gained. To gain the Entry Numbers, save as expressly stated below, Participants are required to do the following:
(a) walk in to the Yes Experience Store Sunway Pyramid; and
(b) carry out any or all of the following transactions to gain the Entry Numbers:No. Transaction Type for each Weekly Cycle Entry Numbers Gained 1 Port-in to Yes 5G 10 Entries 2 Sign up for Postpaid Plan 8 Entries 3 Sign up for Broadband Plan 8 Entries 4 Sign up for Prepaid Plan 8 Entries 5 Any Postpaid Plan Upgrade 5 Entries 6 Prepaid to Postpaid Plan Upgrade 5 Entries 7 Pay Yes Bills (Minimum payment of RM30 (capped at 3 payments)) 2 Entries 8 Top-up to Prepaid Account (Minimum payment of RM30 (capped at 3 payments)) 2 Entries 9 Purchase Data Add-on (Payment of RM30 and above) 2 Entries 5.2 The Participants with the top two (2) highest Entry Numbers in each Weekly Cycle shall be eligible to take home a Campaign Prize.
5.3 The Participants are allowed to perform multiple and repeated transactions throughout the Campaign Period, though in each Weekly Cycle, only two (2) Campaign Prizes will be given out to two (2) individuals and the Entry Numbers will be judged per Participant.
5.4 Entry Numbers. During the Campaign Period, the Entry Numbers:
(a) must be gained on a Weekly Cycle only and if the Participant is not selected to receive the Campaign Prize, the Entry Numbers obtained for the aforesaid Weekly Cycle will be zerorised;
(b) all transactions identified in Clause 5.1 must be carried out physically at the Yes Experience Store Sunway Pyramid; and
(c) are not transferrable and cannot be carried forward or deferred to any Weekly Cycle;
(d) all transactions identified in Clause 5.1 must be carried out physically at the Yes Experience Store; and
(e) there shall be no Entry Numbers gained after the Campaign Period and all such Entry Numbers gained after the Campaign Period (if any) shall be null and void. - How to Claim the Campaign Prize.
6.1 YTLC will notify the potential winners of the Campaign Prize via the email address registered with Yes, Instagram post and/or such other mode or manner as determined by YTLC within seven (7) days after the selection of the potential winners for each Weekly Cycle is finalised. The Participant who purchased a Service Plan must activate the aforesaid Service Plan (i.e. the Yes SIM) to claim the Campaign Prize.
6.2 Failure by the Participant and/or potential winner to provide all required information in their reply by return within two (2) days from the date of notification from YTLC may result in the forfeiture of the Participant and/or the potential winner’s right to claim the Campaign Prize, and may further result in the Campaign Prize being awarded to an alternate winner, as determined by YTLC at its sole and absolute discretion. - Campaign Prize.
7.1 The Participants who are judged and validated by YTLC to have fulfilled the Campaign Criteria in accordance with Clause 5 hereto shall be rewarded with a Device with details as follows:Campaign Prize for the Highest Entry Numbers Campaign Prize for the Second Highest Entry Numbers Week 1 (27th September 2024 to 3rd October 2024) One (1) unit of Honor 90 Lite 5G (8GB+256GB) (RRP RM1099.00) One (1) unit of Xiaomi Redmi 12 5G (8GB+256GB) (RRP RM699) Week 2 (4th October 2024 to 10th October 2024) One (1) unit of Honor 90 Lite 5G (8GB+256GB) (RRP RM1099.00) One (1) unit of Xiaomi Redmi 12 5G (8GB+256GB) (RRP RM699) Week 3 (11th October 2024 to 17th October 2024) One (1) unit of Honor 90 Lite 5G (8GB+256GB) (RRP RM1099.00) One (1) unit of Xiaomi Redmi 12 5G (8GB+256GB) (RRP RM699) Week 4 (18th October 2024 to 24th October 2024) One (1) unit of Honor 90 Lite 5G (8GB+256GB) (RRP RM1099.00) One (1) unit of Xiaomi Redmi 12 5G (8GB+256GB) (RRP RM699) Week 5 (25th October 2024 to 31st October 2024) One (1) unit of Xiaomi Redmi Note 12 5G (8GB+256GB) (RRP RM1099.00) One (1) unit of Xiaomi Redmi 12 5G (8GB+256GB) (RRP RM699) 7.2 The Campaign Prize is accepted at the risk of the potential winners; save and except for the Limited Warranty for Products and Devices, no warranty of any kind whether express or implied, is made by YTLC, its agents, sponsors, employees and/or representatives in respect of the Campaign Prize.
7.3 If a potential winner is: (i) disqualified, (ii) found to be ineligible, (iii) not in compliance with these Campaign Terms or the General Terms and Conditions (including without limitation to the Acceptable Use Policy), or (iv) decline and/or fail to accept the Campaign Prize within the time as stipulated hereunder, the potential winner’s right to claim the Campaign Prize is forfeited and the potential winner hereby unequivocally waive all rights, recourse or remedy arising from or in connection with this Campaign. If a Campaign Prize is forfeited, the Campaign Prize may be awarded to an alternate winner, as determined by YTLC at its sole and absolute discretion. If, after a good-faith attempt, YTLC is unable to award or deliver a Campaign Prize, the Campaign Prize may not be re-awarded.
7.4 All other costs and expenses not expressly set forth herein shall be solely each potential winner’s responsibility. The Campaign Prizes will only be awarded to a potential winner whose eligibility has been verified by YTLC.
7.5 YTLC will attempt to notify each potential winner as set forth above, but YTLC is not responsible for any undelivered Instagram posts and/or messages or e-mails that are not received because of the potential winner’s privacy or spam filter settings which may divert any message or e-mail in relation to this Campaign, including any winner notification message or e-mail, to a spam or junk folder.
7.6 The collection or delivery of the Campaign Prize will only be permitted upon verification of the potential winner’s details. The Campaign Prize that is: (i) unclaimed or unredeemed within thirty (30) days from the notification date by YTLC, or (ii) returned as undeliverable will not be awarded or re-delivered.
7.7 The Campaign Prize is non-transferable, and there shall be no Campaign Prize substitution, exchange or redeemed for cash equivalent, except as otherwise agreed by YTLC, who reserves the right to substitute a Campaign Prize of equal or greater value in case of unavailability of a Campaign Prize.
7.8 If any Campaign Prize is lost, stolen or damaged after being received, the Campaign Prize will not be replaced by YTLC. - Termination of Postpaid Service Plan with Contract Period.
8.1 This Clause 8 applies to the Participant: (i) whom as a result of this Campaign, has subscribed and/or upgrade to the Postpaid Service Plan(s) with a Contract Period only, and (ii) has been awarded with a Campaign Prize.
8.2 Upon the redemption of the Campaign Prize, subject always to the General Terms and Conditions, the Participant may terminate his/her subscription to a Postpaid Service Plan(s) by giving notice of at least thirty (30) days in YTLC prescribed format and supported by all required relevant documents for verification. By terminating the Postpaid Service Plan(s), the Participant agree that: (i) the Campaign Prize will be forfeited and shall be promptly returned to YTLC and in any event no later than thirty (30) days from the termination effective date, (ii) there shall be no refunds to any such payments and/or purchases made by the Participant arising from the Campaign, and (iii) where applicable, the Participant shall pay such applicable Early Termination Charges and such applicable charges as required under the General Terms and Conditions. - General.
9.1 Any attempted form of participation in this Campaign other than as described in these Campaign Terms is void. YTLC reserves the right to disqualify any Participants found or suspected, in their sole and absolute discretion: (i) to be tampering with the operation of this Campaign; (ii) to be acting in violation of these Campaign Terms; or (iii) to be acting with the intent to disrupt the normal operation of this Campaign.
9.2 The Participants and/or potential winners may be required to provide proof of identification and eligibility as required by YTLC. In the event of a dispute as to the identity of a winner, the winning entry will be declared made by the authorized account holder of the e-mail address submitted on the registration form associated with such entry by the Participant.
9.3 YTLC reserves the right to refuse the participation, or refuse to award and/or allow the redemption of the Device to any person if YTLC in its absolute discretion believes that such Participant is not eligible under these Campaign Terms or may have breached, will breach, or has breached any of these Campaign Terms or such applicable Laws. YTLC further reserves the right at its sole and absolute discretion to disqualify any Participants who tamper with or cheat with the processes of this Campaign and/or its mechanics and YTLC may take any action (including without limitation legal action) against such Participant.
9.4 Any and all expenses incurred for the participation of the Campaign, including tax liabilities (if any) in relation to the Campaign, subscription to or upgrade of any Service Plan as well as purchase of any Services or products and/or use or enjoyment of the same, shall be the sole responsibility of and borne by the Participants.
9.5 YTLC shall not be held liable for any delay, partial or total failure to perform any of its obligations under these Campaign Terms to the Participants if such delay or failure is caused by circumstances beyond the reasonable control of YTLC, its affiliates, authorized dealers /distributors, agents or suppliers.
9.6 YTLC shall not be liable to any Participants or any person(s) claiming through them for any loss, damages or injury arising from the use of or inability to use the Device from any cause whatsoever. - Laws.
These Campaign Terms is governed by and will be construed in accordance with the laws of Malaysia. In the event of a dispute or a claim arising under or in relation to these Campaign Terms, the Participant and YTLC shall submit to the exclusive jurisdiction of the Malaysian courts. - Modifications.
YTLC reserves the right to add, delete, vary or amend the terms and conditions herein or change or modify any aspect of this Campaign, 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 Campaign at any time before or during the Campaign Period without any liability or compensation to the Participants whatsoever. In the event of such cancellation, termination or suspension of this Campaign, YTLC may, at its sole and absolute discretion, choose not to proceed with the Participants selection process and/or the Campaign. - Disruption of Campaign.
If for any reason this Campaign 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, unauthorized 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 Campaign, YTLC reserves all rights to hold void, cancel, suspend or amend this Campaign and these terms and conditions where it comes necessary to do so in YTLC’s absolute discretion, without prior notice or liability to any party. YTLC shall not accept any responsibility for any Campaign entries not received for whatever reason. YTLC shall not be responsible for any technical errors or service disruption in telecommunications networks, internet access or otherwise preventing participation to this Campaign. - Personal Data and Disclosure Rights.
1 By participating in this Campaign, the acceptance of these Campaign Terms constitutes the Participant’s unconditional agreement and permission to YTLC and/or its agents to use the Participant’s name, video footage, voice, photograph and/or likeness for purposes of advertising, editorial, campaign, promotional marketing, trade and/or other purposes without notice, review or approval or compensation, unless prohibited by law. YTLC fully reserves its rights to such forms of publicity and publication.
13.2 YTLC shall process all personal data provided by the Participants, or which YTLC collects from The Participants, in accordance with the YTL Group Privacy Policy available at www.ytl.com/privacypolicy.asp, and consents to the processing of the Participant’s personal data by YTLC for the purposes stated in the YTL Group Privacy Policy, including for this Campaign. The Participants may request YTLC to delete their personal data before this Campaign concludes, but doing so may disqualify the Participants from participating in this Campaign. YTLC reserves the right to disqualify the Participants from this Campaign if any personal data provided by the Participants is false, inaccurate, or misleading. - Disqualification and/or Rejection of Entries.
YTLC reserves the right to disqualify any Participant at its sole and absolute discretion on the grounds of non-compliance with any of the Campaign Terms herein. For the avoidance of doubt, the foregoing is not meant to limit or curtail the rights of YTLC, who may also reject a Participant without having to assign any reasons whatsoever. Each Participant accepts that a decision to disqualify and/or reject a Participant shall be final and not subject to appeal. In the event of disqualification after the Campaign has been given, YTLC reserves the right to demand the return of the Products or payment of its value from the ineligible or disqualified Participant. - Limitation of Liability.
15.1 By participating in this Campaign, each Participant agrees and irrevocably and unconditionally undertakes to absolve YTLC of all liabilities and further agrees to indemnify YTLC on indemnity basis and hold YTLC harmless against any claim (including any third-party claims) and against any loss, damage, cost or expense (including legal fees and costs) that YTLC may suffer or incur as a result of or in connection with this Campaign.
15.2 YTLC shall not be liable for any loss or damage (including without limitation loss of use, loss of income, profits or goodwill, direct or indirect, incidental, consequential, exemplary, punitive or special damages of any party including third parties) howsoever arising whether in contract, tort, negligence or otherwise, in connection with these Campaign Terms.
15.3 To the fullest extent permitted by law, YTLC and its respective parent companies, subsidiaries, affiliates, licensees, directors, officers, employees, agents and independent contractors hereby expressly excludes and disclaims any representations, warranties, or endorsements, express or implied, written or oral, including but not limited to, any warranty of quality, merchantability or fitness for a particular purpose of enjoyment of the service offerings under this Campaign. - Waiver.
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 which shall remain in full force and effect. No failure or delay by YTLC in exercising any right or remedy provided by law under or pursuant to these Campaign Terms shall impair such right or remedy or operate or be construed as a waiver or variation of it or preclude YTLC exercise at any subsequent time and no single or partial exercise of any such right or remedy shall preclude any other or further exercise of it or the exercise of any other right or remedy. YTLC’s rights and remedies under or pursuant to these terms and conditions are cumulative, may be exercised as often as deem appropriate and are in addition to YTLC’s rights and remedies under general law. - Severability.
If any provision of these terms and conditions is held to be invalid or unenforceable, then such provision shall (so far as it is invalid or unenforceable) be given no effect and shall be deemed not to be included in these Campaign Terms without invalidating any of the remaining provisions of these Campaign Terms. - Instagram Promotion Guidelines
This Campaign is in no way sponsored, endorsed or administered by, or associated with Instagram. Each Participant acknowledges that the information and contents provided by such Participant for this Campaign are to YTLC and not to Instagram and by participating this Campaign each Participant hereby expressly release Instagram from any responsibilities or liabilities in connection with this Campaign. Please refer to Instagram Promotion Guidelines at https://help.instagram.com/179379842258600. - Definitions.
“Campaign” means the Yes Experience Store Opening Giveaway Specials Campaign launched during the Campaign Period.
“Campaign Prize” means the Devices offered pursuant to this Campaign as specified in Clause 7.1 of these Campaign Terms.
“Campaign Period” has the meaning ascribed to it under Clause 4 of these Campaign Terms.
“Entry Number(s)” means the total number of entry points received by a Participant upon performing the Transactions during a Weekly Cycle.
“Participants” has the meaning ascribed to it under Clause 2.1 of these Campaign Terms.
“RRP” means the recommended retail price of a Device.
“Weekly Cycle” means the series of 7-day cycles during the Campaign Period starting from 27th September 2024.
“Yes Experience Store” means the Yes store located at the Sunway Pyramid mall.
“YTLC” means YTL Communications Sdn Bhd (Company No. 200701035605 (793634-V)).
