Last updated 23rd August 2024
- The Contest
Yes 5G Merdeka Giveaway Contest (“Contest”) is an online contest organised by YTL Communications Sdn Bhd (“YTLC”) (Company No. 200701035605 (793634-V)) and shall be governed by these Contest Terms and Conditions (“Contest Terms”). - Contest
2.1 Subject to Clauses 2.2 and 4 herein, this Contest is open to all Malaysian residents aged 18 years and above as of the Commencement Date as defined below (“Participants”).
2.2 The following persons shall not be eligible to participate in the Contest:
2.2.1 Employees of YTLC including its affiliates and related companies, and their respective Immediate Family Members. For clarify Immediate Family Members means any of the following persons: spouse, parent, sibling or child.
2.2.2 Advertising or promotional agencies, dealers, retailers and representatives of YTLC. - Terms and Conditions
Subject only to the variations as expressly set out herein (“Programme T&Cs”), all other terms and conditions incorporated in the Postpaid Service Terms and Conditions, Postpaid Service Plans Terms and Conditions, Postpaid Data Add-On Terms and Conditions, Postpaid Hotspot Terms and Conditions, Auto Billing Terms and Conditions, and Postpaid Voice Call Minutes Add-On Terms and Conditions available at yes.my/tnc (collectively referred as “General Applicable Terms and Conditions”) shall remain valid and applicable to this Programme, including terms and conditions for early termination. In the event of any inconsistency between the General Applicable Terms and Conditions and these Programme T&Cs, these Programme T&Cs shall prevail to the extent of any such inconsistency. Words in capital not defined herein shall have the same meaning ascribed to in the General Applicable Terms and Conditions. Each 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. - Contest Period
This Contest shall commence from 23rd August 2024 (“Commencement Date”) and end on 6th September 2024 (“Contest Period”). All entries must be received during the Contest Period. All entries received outside the Contest Period shall be deemed invalid and shall be disqualified. - Contest Mechanism
5.1 To participate in this Contest, each Participant shall:-
5.1.1 Purchase any Yes 5G Postpaid Plan with a minimum Commitment Fee of RM35 and above in one receipt. Take a photo/screenshot of your receipt. (Winners will be asked to provide proof of purchase).
5.1.2 Download the Instagram App from Google Play Store or Apple App Store onto the Participant’s smartphone;
5.1.3 Once downloaded, follow @Yes.5G on Instagram, Participants must visit the Contest Announcement Post (“Contest Post”) on @Yes.5G’s Instagram profile and submit their creative answer to the question “How will you celebrate Merdeka using Yes 5G?” by 6th September 2024. Additionally, they must tag two (2) friends in the comments section (“Entry”).
5.1.4 Ensure that your Instagram profile is set to public mode. Winners will be announced on 11th September 2024.5.2 Each Participant may submit multiple Entries, however, only one (1) Entry, amongst all the multiple Entries submitted, which is deemed to be the most creative will be selected by the judges for their consideration during the Winner Selection Process (as defined below).
- Winner Selection Process
6.1 At the end of the Contest Period, two (2) Participants with the most creative Entry in accordance with Clause 5 will be selected as the Contest winners (“Winners”).
6.2 Each Winner can only win one (1) Contest Prize and YTLC can disqualify Participant(s) (based on MyKad/MyTentera registration number) who have already won another Contest Prize. YTLC’s decision on all matters relating to this Contest shall be final and binding and no correspondence relating to the selection of Winners will be entertained. - Activation and Termination
7.1 Winners must activate their plan to claim their prize.
7.2 Winners are required to maintain an active subscription to the Postpaid Plan for a minimum of one (1) month after claiming their prize. If the plan is cancelled within this period, the prize will be forfeited, and no refunds will be issued for any upfront payments. A notice period of one (1) month is required for termination of the plan.
7.3 Early Termination Charges may apply for contract plans, as outlined in the Postpaid Terms and Conditions. - Contest Prize
8.1 Each Winner will be entitled to win One (1) vivo V40 5G (RRP RM1, 999) smartphone (each a “Contest Prize”).
8.2 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.
8.3 All Contest Prizes are accepted at the risk of the Winners; save and except for the limited warranty at 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.
8.4 Each Winner shall direct message @Yes.5G on Instagram his/her personal details (full name, MyKad/MyTentera registration number, phone number, email address and a Yes receipt as proof of purchase of the Postpaid Plan) and choose whether to redeem the Contest Prize at the Yes Experience Store at Lot 10 Shopping Centre, Kuala Lumpur or have it delivered (in which case, the Winner must also provide the delivery address in Malaysia).
8.4.1 If the Winner does not provide all the necessary information within twenty-four (24) hours from the date of announcement of Winners, the Contest Prize will be forfeited, and YTLC reserves the right to select an alternative Winner.
8.4.2 If the Winner opts to redeem the Contest Prize at the Yes Experience Store at Lot 10 Shopping Centre, Kuala Lumpur, he/she must collect the Contest Prize within sixty (60) calendar days from the date of announcement of Winners (“Collection Period”) in accordance with Clause 8 herein.
8.5 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.
8.6 Collection or delivery of the Contest Prize will only be permitted upon verification of the Winner’s details. - Announcement and Notification of Winners
The names of the Winners will be announced on @Yes.5G on Instagram (www.instagram.com/yes.5g/) and/or such other mode or manner as decided by YTLC at its sole discretion on 11th September 2024. - Exclusion
10.1 The Contest Prizes are given and accepted entirely at the risk of the Winners. Any and all 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.
10.2 YTLC shall not be held liable for (a) any delay in performing or partial/total failure to perform any of its obligations to the Contest Winners under this Contest if such delay or failure is caused by circumstances beyond the reasonable control of YTLC, its affiliates, authorized dealers/distributors, agents or suppliers; and (b) any losses, damage to property, injury, or death resulting from or related to such Participant’s participation or inability to participate in this Contest, or the use, misuse or inability to use the Contest Prize or part thereof. - Unconditional Agreement
Acceptance of the Contest Prize constitutes the Winner’s unconditional agreement and permission to YTLC and/or its agents to use the Contest Winner’s name, video footage, voices, photograph and/or likeness for purposes of advertising, editorial, promotional, marketing, trade and/or other purposes without further compensation and notice, unless prohibited by law. YTLC fully reserves its rights to such forms of publicity and publication. - 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. - Modifications
YTLC reserves the right to add, delete, vary or amend the terms and conditions 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. - Disruption of Contest
Without prejudice to Clause 12 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, 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 Contest, YTLC reserves all rights in Clause 12 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. - Disclosure Rights
By entering this Contest, each Participant grants to YTLC express permission as well as a non-exclusive, royalty-free, worldwide license to publish, print, reproduce, disseminate or share such Participant’s 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 further confirms that by participating in this Contest, he/she has read and agrees to the terms in the YTL Group Privacy Policy available 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 Contest.
- 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 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 the ineligible or disqualified Participant. - 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. - General Indemnification
Each Participant shall indemnify YTLC against all and any 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. - 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. - 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. - Non-compliance
Failure to comply with these Contest Terms may result in disqualification of the relevant Participant. - Instagram Promotion Guidelines
This Contest 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 Contest are to YTLC and not to Instagram and by entering this Contest each Participant hereby expressly release Instagram from any responsibilities or liabilities in connection with this Contest. Please refer to Instagram Promotion Guidelines at https://help.instagram.com/179379842258600.
