WE are committed to ensuring that your privacy is protected. Should we ask you to provide certain information by which you can be identified when using this website, you can be assured that it will only be used in accordance with this privacy statement.
For more Info regarding event Privacy & Terms, please click on the button below.
WE are committed to ensuring that your privacy is protected. Should we ask you to provide certain information by which you can be identified when using this website, you can be assured that it will only be used in accordance with this privacy statement.
INFORMATION WE COLLECT
Details of your visits to the website www.sportsfixcup.com (hereinafter referred to as (“the SPORTSFIXCUP Website”) and the resources that you access, including, but not limited to, personal data, traffic data, statistical data, location data, weblogs and other communication data.
Information that you provide by filling in forms on the SPORTSFIXCUP Website, such as when you sign up for our newsletter or register for information. Information provided to us when you communicate with us, in any manner, for any reason. Information obtained from you through our relationship with you or when you have engaged our services or entered into any contractual relationship with us.
On occasion, we may gather information to analyze statistical information regarding access to the SPORTSFIXCUP Website to enhance our services. Such information will not identify you personally it is statistical data about our visitors and their use of our site. This statistical data does not identify any personal details whatsoever.
Similarly to the above, we may gather information about your general internet use by using a cookie file. A cookie is a small file which asks permission to be placed on your computer's hard drive. Once you agree, the file is added and the cookie helps analyze web traffic or lets you know when you visit a particular site. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences.
All computers have the ability to automatically accept or decline cookies. This can be done by activating the setting on your browser which determines how to deal with cookies. Please note that should you choose to decline cookies, you may be unable to access particular parts of the SPORTSFIXCUP Website.
USE OF YOUR INFORMATION
The information that we collect and store relating to you is primarily used to enable us to provide our services to you. In addition, we may use the information for the following purposes:
1. To provide you with information requested from us, relating to our products/programmes or services.
2. To provide information on other products/programmes which we feel may be of interest to you, where you have consented to receive such information.
3. To meet our contractual commitments to you and if necessary to enable us to enforce any rights granted to us in our contracts with you or as permitted under the law.
4. To notify you about any changes to the SPORTSFIXCUP Website, such as improvements or service/product/programmes changes, that may affect our service.
5. If you are an existing customer, we may contact you with information about products/programmes and services similar to those which were the subject of a previous dealing with you. Further, we may use your data so that you can be provided with information about unrelated products/programmes and services which we consider may be of interest to you. We may contact you about these products/programmes and services by any of the methods that you consented at the time your information was collected.
6. If you are a new customer, we will only contact you when you have provided consent and only by those means you provided consent for.
7. If you do not want us to use your data you will have the opportunity to withhold your consent to this when you provide your details to us on the form on which we collect your data.
8. Please be advised that we do not reveal information about identifiable individuals to our advertisers but we may, on occasion, provide them with aggregate statistical information about our visitors.
9. In connection with any claims, actions or proceedings (including but not limited to drafting and reviewing documents, transaction documentation, obtaining legal advice, and facilitating dispute resolution), and/or protecting and enforcing our contractual and legal rights and obligations.
10. To comply with any applicable rules, laws and regulations, codes of practice or guidelines or to assist in law enforcement and investigations by relevant authorities.
11. To manage the administrative and business operations of the Companies and complying with internal policies and procedures. Other purpose relating to any of the above.
STORING YOUR PERSONAL DATA
Data that is provided to us is stored on our secure servers. Details relating to any transactions entered into on our site will be encrypted to ensure its safety.
The transmission of information via the internet is not completely secure and therefore we cannot guarantee the security of data sent to us electronically and transmission of such data is therefore entirely at your own risk. Where we have given you (or where you have chosen) a password so that you can access certain parts of our site, you are responsible for keeping this password confidential.
DISCLOSING YOUR INFORMATION
Where applicable, we may disclose your personal information to any member of the SPORTSFIXCUP group of companies (“SPORTSFIXCUP Group”) including those that are situated outside of Malaysia. This includes, where applicable, our subsidiaries, our holding company and its other subsidiaries (if any):
We may also disclose your personal information to third parties:
1. Where we sell any or all of our business and/or our assets/shares to a third party.
2. Where we are legally required to disclose your information.
3. To assist fraud protection.
THIRD PARTY LINKS
You might find links to third party websites on the SPORTSFIXCUP Website. These websites should have their own privacy policies which you should check. We do not accept any responsibility or liability for their policies whatsoever as we have no control over them.
ACCESS TO INFORMATION
Should you wish to receive details that we hold about you please contact us using the contact details below.
This Site is the official website which is operated and managed by TSA (“TSA”, “we” or “us”). If you have any feedback or questions about this Site or any of our Content, please contact us in writing at [email protected]
USE OF THIS SITE
1. Not to use this Site or any Contents herein in any manner which breaches any applicable law or regulations or causes or which may cause an infringement of any third party rights;
2. Not to obtain or attempt to obtain unauthorized access, via whatever means, to any portion or feature of the Site, or any other systems or networks linked to the Site or to any of our servers, or to any of the Contents offered on or through the Site;
3. Not to use or attempt to use any “deep-link”, “robot”, “spider” or other automatic device, program or any similar or equivalent manual process, to access, acquire, copy, reproduce or monitor any portion of the Site or any Content;
4. Not to post, transmit or disseminate any information on or via this Site which may be defamatory, harmful, illegal, harassing, invasive of privacy or publicity rights, abusive, obscene or create liability on our part;
5. Not to obstruct or attempt to obstruct the operation or functionality of this Site;
6. Not to forge headers or otherwise manipulate any identifying information in order to disguise and/or with the effect of disguising the origin of any message or transmittal you send to the website on or through the Site or any Contents offered on or through the Site;
7. Not to impersonate or falsely stating or otherwise misrepresenting your affiliation with any person or entity;
8. Not to infringe any intellectual property rights or other proprietary rights including, but not limited to, material protected by copyright, trademark, patent, trade secret or other intellectual property right used without proper authorization;
9. Not to use this Site or any information obtained from the Site to submit any unsolicited ideas, proposals, suggestions or materials of any nature whatsoever (“Unsolicited Materials”) to the website or its’ employees or anyone affiliated with the website via whatever means of communication.
Please note that if you send any Unsolicited Materials to us despite what is stated herein, we shall be entitled to adapt, broadcast, copy, disclose, license, publish, sell, transmit and otherwise use such Unsolicited Materials for any and all commercial and/or non-commercial purposes; and you warrant that you have obtained all necessary licences and/or approvals in order to allow us of such use.
1. Reached the age of “majority” where you live; or
OWNERSHIP OF CONTENTS AND LICENSE TERMS
The Site and the Contents on the Site or available through our email services are protected by copyright, trade mark and other intellectual property rights and laws throughout the world. The Contents are owned by or are licensed to us. Subject to your eligibility to use this Site, you are hereby granted a personal, non-exclusive, non-assignable and non-transferable license to use and display for your own personal and non-commercial use only, one copy of any Contents and/or software contained within this Site.
You acknowledge and agree that:
1. You may not sublicense, assign or otherwise transfer this license or the Contents and the title or license to the downloaded Contents will remained always with us ; and
2. You will not alter, disassemble, decompile, reverse engineer or otherwise modify any of the Contents or remove any copyright, trade mark or other proprietary notices on the Contents.
AVAILABILITY OF CONTENTS
Generally, the Contents on this Site is provided free of charge. We make no guarantee that the Contents will be provided with no interruption or error free. We reserve the right to suspend or withdraw the whole or any part the Content on this Site at any time without notice and without incurring any liability to you.
ACCESS TO THE SITE AND CONTENTS
In order to access our Site and Contents, you must first have access to the internet, either directly or through devices that access web-based content, and must pay any internet service provider service fees associated with such access.
Certain features available through the Site, including certain live streaming audio, video or access to high-quality video, will only be available to you if your computer or mobile device meets the minimum technical requirements necessary to enable such services or Contents. As such you should be responsible to ensure that your computer meets the minimum technical requirements before you register to access or subscribe the Contents. From time to time, we may make changes to the Contents and the minimum technical requirements for access to the Contents may change.
Further to the above, access to certain Contents may be limited to residents of certain geographical territories, and we reserve the rights to modify such restriction.
INTELLECTUAL PROPERTY RIGHTS
This Site and the Contents (including, but not limited to text, photographs, graphics, video and audio content) herein are owned by us and protected by copyright under © 2017 TSA. No commercial reproduction, distribution or transmission of any part or parts of this Site or any Contents contained herein by any means whatsoever shall be permitted without prior written consent from us.
All trademarks and service marks displayed in the Site are the property of TSA, its subsidiaries, affiliates and where applicable, third party proprietors identified in the Site.
UNSUBSRCIPTION/ TERMINATION OF YOUR ACCESS TO THE SITE
You may unsubscribe your access on the Site, at any time and for any reason, by sending an email request to [email protected] we may terminate your use of and/or access on the Site; at any time and for any reason whatsoever, without prior notice to you and without any liability or further obligation of any kind whatsoever to you or any other party.
You are aware, at any time, your use of the Site may be adversely affected by problems with your computer (or such other access or electronic device such as smart phones, cellular phones), the internet and the cellular phone network, including, without limitation, interference to the network coverage, delay or undeliverable messages due to any reason such as heavy network traffic, service interruption or incorrect data transmission.
We may contract with one or more third parties to provide maintain and host the products or services on the Site. Therefore, any information or any content which you transmit or submit to the Site may be placed and stored on a computer server maintained by a third party. You acknowledge and agree to have such information or content to pass through and be stored in servers outside our control. You further agree that we shall not be liable or responsible for any such pass through or storage of the same.
You also agree to the collection, storage, communication and processing of any of your information by any means necessary for us to release and transmit to, and the retention by such third party service providers and hosts of your information to enable your use of the Site.
You acknowledge that all transmissions (whether by email or otherwise) to and from this Site cannot be guaranteed to be completely secure or error-free and the same could arrive late, be intercepted, corrupted, lost, destroyed, or incomplete, or contain viruses and may not be received by the intended recipient. Consequently, you understand that you should not post transmit any private or confidential content information (whether belonging to yourself or the recipient’s) unless you want it to be available publicly. You are aware that the content transmitted by you may be subsequently forwarded to a third party by the recipient. You further understand that as we cannot control or prevent the transmission of your private or confidential content by a third party, we cannot be responsible or held liable for the same. Accordingly, we do not warrant the privacy and/or security of any transmissions (whether by email or otherwise) to and from the Site.
The Contents in this Site are provided “as-is” and without warranties of any kind either express or implied. To the fullest extent permissible and subject to applicable law, TSA its officers, directors, employees, and agents disclaims all representations or warranties of any kind whether express, implied or statutory (including but not limited to any warranties of title, non-infringement of third party rights, merchantability, satisfactory quality, fitness for a particular purpose and freedom from viruses, worms, trojan horses, software bombs and malicious, destructive or corrupting codes, agents, programs or macros and spyware or similar items or processes) is given in conjunction with the Site, or any information and materials contained or referred to on each page associated with the Site. No warranty is given that access to the same on the Site, or the Site as a whole will be provided uninterrupted or free from errors or that any identified defect will be corrected.
LIMITATION OF LIABILITY
Subject to applicable law, under no circumstances, including negligence, you understand and agree that your use of the Site is at your own risks and we shall not be responsible or liable to you for any expenses, losses, costs damages, personal injury, property damage, liabilities or other consequences of whatsoever nature (collectively “Losses”) suffered or incurred directly or indirectly by you, including without limitation, any Losses suffered or incurred directly or indirectly by you arising from or in connection with or caused by:
1. Any maintenance, breakdown, fault or non-availability of any part of the Site or any inability to access or use any part of the same; or
2. Any telecommunication problems, power supply problems, Internet or network related problems, problems with the services rendered by third party vendors or service providers; or
3. Any system, server or connection failure, error, omission, interruption, delay in transmission, or viruses (including but not limited to any difficulties experienced by your internet service provider(s), network provider(s) or telecommunications provider(s) or operator(s)); or
4. Any access or use of any part of the Site, or reliance on the contents of the same; or
5. Any defect, error, imperfection, fault, mistake or inaccuracy with the Site, its contents or associated services; or
6. Problems caused by any remedial or preventative measure which may be taken by us in the event of any occurrence of the foregoing; or
7. Any use of or access to any other website linked to the Site; or
8. Any services, products, information, data, software or other material obtained from the Site or from any other website linked to the Site; or
9. Any software downloaded from the Site; even if we or our agents or employees are advised of the possibility of such Losses.
You agree to defend, indemnify and hold harmless and keep us indemnified in full against all and any claims, actions, proceedings, loss, damage, costs (including legal costs on a full indemnity basis), expenses and liabilities of whatsoever nature and howsoever arising which may be brought against or suffered or incurred by us arising from or which is directly or indirectly related to:-
1. Your use of and/or access to the Site and/or any other person or entity's use of the Site where such person or entity was able to access and/or use the Site by using your user id and password (where applicable); or
Any hyperlinks from the Site exist for information purposes and are for your convenience only. we accept no liability for any Losses arising directly or indirectly (including consequential loss) from the accuracy or otherwise of materials or information contained on the pages of such websites or loss arising directly or indirectly from defects with such websites. Our inclusion of hyperlinks does not imply any warranty, endorsement, guarantee or verification of the products or services on such websites and such websites should only be accessed at your own risks.
APPLICABLE LAW AND JURISDICTION
We make no representation that the Site and/or Contents contained herein are appropriate or available for use in other locations or jurisdictions other than Malaysia. In the event that the laws of the jurisdiction you are in do not permit or impose restrictions on the access to the contents of the Site, you shall forthwith discontinue access or comply with such restrictions (as the case may be).
WAIVER AIVER AND SEVERABILITY
We shall not be responsible or liable to you for any expense, loss, damage, liability or other consequence suffered by you or incurred by you in connection with any of the foregoing action.
Contest Standard Terms and Conditions (“Standard Terms”)
We, Total Sports Asia Sdn Bhd (499473-V), run certain contest or giveaway (“TSA Contest”) once a while. When you participate in any TSA Contest, you must make sure you read this Standard Terms. IN THIS STANDARD TERMS, YOU WILL FIND IMPORANT INFORMATION ABOUT TSA CONTEST, INCLUDING WHAT WE CAN DO, AND HOW WE LIMIT OUR LIABILITY. IT IS, THEREFORE, IMPORTANT YOU READ THIS STANDARD TERMS CAREFULLY BEFORE YOU PARTICIPATE SUCH TSA CONTEST.
Specific terms relating to TSA Contest will be set out separately in the Specific Terms and Conditions (“Specific Terms”). You should read the Specific Terms as well. The Specific Terms will specify, amongst others, (a) name of contest, (b) brief description of contest, (c) the mechanism/entry procedure, (d) eligibility, (e) contest period, (f) prize, and (g) collection period of the prize. You must comply strictly to each and every of the terms and conditions set out in the Specific Terms.
WHEN YOU ENTER INTO TSA CONTEST, WE WILL ASSUME THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THE STANDARD TERMS AND THE SPECIFIC TERMS (COLLECTIVELY KNOWN AS “CONTEST TERMS”) IN ITS ENTIRETY.
2. Our Rights to make Changes
WE CAN CHANGE ANY TERMS IN THE TSA CONTEST AT ANY TIME WITHOUT NOTICE. AS SUCH, YOU SHOULD LOOK AT CONTEST TERMS REGULARLY. WHEN CHANGES ARE MADE, IT WILL BE EFFECTIVE IMMEDIATELY UPON POSTING ON TSA PROPERTY. YOU UNDERSTAND AND AGREE THAT IF YOU CONTINUE TO PARTICIPATE IN TSA CONTEST AFTER THE DATE ON WHICH SUCH TERMS HAVE CHANGED, WE SHALL TREAT YOU HAVE ACCEPTED THOSE CHANGES.
Unless otherwise prescribed in the Specific Terms, you must be at least 18 years old at the time of entry. It is not our duty to ensure that you are 18 and above. If you participated in TSA Contest, we shall deem that you are above 18 years old.
You understand and agree that you may incur certain charges to take part in TSA Contest. Where the mode of entry is via short messaging service (“SMS”) multimedia messaging service (“MMS”), or when you are required to use data for internet usage, each TSA Contest entry sent by you may be subject to a premium charges as stipulated in the Specific Terms. This charges is in addition to the standard fee charged by your telecommunications service provider.
Unless otherwise stated in the Specific Terms, all costs incurred by you including without limitation, postal charges, Internet Service Provider (ISP) charges, transport costs, communication charges, accommodation, meal costs and/or other related costs incurred by you as a result of and/or pursuant to your participation in TSA Contest shall be solely borne by you. We shall not be under any obligation to reimburse you for any of such costs and expenses incurred thereof.
We may suspend your participation, at any point of time, without notice, without liability, if in our sole and absolute discretion we believe, with or without evidence, that:-
(a) you are ineligible to participate;
(b) you tamper with the entry process;
(c) you tamper with TSA Contest mechanism;
(d) in our sole determination, we believe that you have attempted to undermine the operation of TSA Contest by fraud, cheating or deception;
(e) breach the terms and conditions of the Contest Terms;
(f) you violated any applicable law (whether domestic or international), statute, code, rule, guidelines, notices, ordinance, regulation, directive, order, judgment, writ, injunction or decree, and includes any changes in the application or interpretation thereof (“Law”); and/or
(g) for any other reasons we deem fit.
We may but have no obligation, in our discretion deems fit, conduct any investigation regarding the above. Our findings shall be final and conclusive and binding on you and shall not be questioned by you on any account. If we find that you have committed any of the above, we shall forthwith, with or without notice, disqualify your participation. In the event we find that you have not committed any of the above, we may, but do not have such obligation, allow you to resume in the participation. You shall have no claim against us, our Affiliate, directors, officers, employees, servants, agents, assignees, sponsors, and/or representative (collectively known as “Indemnified Party”) whatsoever, that arises during the period of suspension.
We may terminate or suspend TSA Contest at any time at our own absolute discretion in which case, we may elect not to award any prize. Such termination or suspension will not give rise to any claim by you against the Indemnified Party, regardless of the situation. If the TSA Contest is resumed, you shall abide by our decision regarding resumption of the TSA Contest and disposition of the prizes.
Submission of TSA Contest entry does not guarantee you the opportunity to participate in TSA Contest. Equally, if you are a winner, it does not guarantee you the opportunity to receive the prize. Notwithstanding Clause 5 above, we shall be entitled to forthwith reject or refuse any participation, or revoke the prize for any reasons whatsoever. Our decision is final and you have no right to question our decision.
You understand that, your entry to the contest will be automatically disqualified, or we may revoke the prize (at any stage of the contest) in any one of the following situations (including but not limited to):-
(a) information and/or details provided is not accurate and complete;
(b) you fail to provide any proof of information and/or details upon our request;
(c) you are ineligible or fail to meet any of the eligibility criteria;
(d) your contest entry is received by us after the closing date;
(e) you tamper with the mechanism of the contest, and/ entry process;
(f) you violated any applicable Law or regulations;
(g) incomplete, indecipherable, illegible or incorrect entries or any entry which violates the Contest Terms;
(h) in our sole determination, we believe that you have attempted to undermine the operation of the contest by fraud, cheating or deception;
(i) where traveling is involved, you do not have the necessary visa or traveling documents; and/or
(j) for any other reasons we deem fit.
In the event of a disqualification after the prize has been awarded, we reserve the right to demand for the return of the prize or payment of its value from you.
7. Your Representation and Warranties
You represent and warrant to us the following:-
(a) you are above 18 years of age at the time of entry;
(b) all information furnished by you to us are true, current, complete and accurate in every material aspects and are not false, misleading, deceptive, defamatory and/or unlawful and we may but have no obligation, whether express or implied, to verify the accuracy and authenticity of any information provided by you;
(c) any of the Material (defined below in Clause 9) submitted is your own original work; and
(d) the Material submitted to us does not infringe any third party intellectual property rights.
8. Your Covenants and Undertakings
You covenant and undertake to us the following:-
(a) you will upon request, provide all information to us, required in connection with or for the purposes of TSA Contest;
(b) agree that if so required by us, you shall make yourself available (without compensation) for the production, recording and publicity of TSA Contest during the such time and production schedule as may be notified by us;
(c) to be interviewed (which may be recorded by us);
(d) taking of still photos, audio and/or visual recording for promotions and publicity use (collectively “Recording”);
(e) agree and consent that we have right and absolute discretion to broadcast the Recording and/or use the slogan, names or nicknames on its website, social media and/or platform, in whole or in part at the our discretion. All copyrights subsisting in the Recording shall belong to us absolutely;
(f) to abide by the Contest Terms and agree to cooperate and to follow all directions given to you;
(g) shall not by act or omission, directly or indirectly bring us and/or the sponsor into disrepute;
(h) not to publish, or disclose any information in connection with the contest or prize (including without limitation, to any representatives of media in any form whatsoever) without our prior written consent;
(i) not give any product endorsement, any interviews or be involved in any articles or reports in respect of the contest or the prize with any third party;
(j) you shall not dispute nor make any oral or written complaints, public announcements or statements on the same whether during or after the contest period; and/or
(k) to abide all other terms and conditions as may be provided by us, and/or our sponsors.
9. Material Submitted
In the event entry of TSA Contest requires the submission of any text, data, slogan, drawings, images, pictures, logos, content, photograph, any materials or other creative works, including voice or video recordings and/or document (collectively, “Material”), you must own the intellectual property and all copyright of the Material you submitted.
You accept that by sending us the Material, you grant us the permission to use them in both print and digital form, and to use them on our websites, on our social media, and/or any other publications in any platform for the purposes of marketing.
Submission of Material must not contain any elements of nudity, pornographic images, incite hatred, graphic violence, defamatory or libellous statements or material considered illegal or may contravene the laws of Malaysia or materials likely to tarnish our image or reputation. We reserve the right to reject any submissions which contain elements of nudity, pornographic images, graphic violence, defamatory or libellous statements, or material considered illegal or may contravene the laws of Malaysia, or materials likely to tarnish our image or reputation.
10. Equipment Used by us
Sometimes, we may use certain consumer electronic device (including without limitation smartphones, personal computers, tablets) (collectively, “Equipment”) for your temporary use during the TSA Contest. You understand that the Equipment belongs to us and in no way ownership shall be transferred to you. When the Equipment is in your possession, you understand that you have a duty to keep it safely and take proper care of the Equipment until such time as it is returned to us at the end of the TSA Contest, or upon request. While the Equipment is in your possession, you shall be held responsible for anything that happens to the Equipment including lost and/or damage whereupon you shall replace a new one for us.
Certain prize may be provided by our sponsor and may have certain special terms and conditions attached to it. The prize is subject to such terms and conditions and winner must comply with such terms and conditions before they are awarded such prize.
This section applies to all winners or as long as you are receiving a prize from us. All prizes must be collected within the collection period and at such collection venue as set out in the Specific Terms. Failure to claim prizes within the collection period shall result in the prizes being forfeited by us, and the Indemnified Party shall have no liability towards you in any respect, whatsoever.
Where the prize awarded is a non-cash prize, you shall not be entitled to redeem the same for cash or other alternatives. We do not guarantee the availability of non-cash prize and we shall be entitled to replace and/or substitute such prize with any other prize(s) of similar value as determined by us, our agent, assignee, or sponsor at our sole and absolute discretion.
Where the prize, is a cash prize, we shall be issued the cash prize in the form of a cheque or debit to your account or in any way we deem fit. You are responsible for all related banking charges (including outstation cheque charges) imposed by banks in clearing your cheque.
All prizes are strictly not transferable, assignable exchangeable or redeemable by you in any other form or manner other than that specified by us. All specific or special terms and conditions that are attached to the prize (whether by us, our agent, assignee or sponsor must be adhered to strictly by you. Prizes must be claimed in person unless we prescribe other mode of collection. In special situations, and subject to our absolute discretion, winner may nominate a designated representative to collect the prize. The representative will be required to present written authorisation from you and identification which includes a photograph of yourself and your representative.
If we elect to post the prize to you, we shall take no responsibility for the safe and effective postal delivery of the prize. You are responsible for any and all taxes payable as a result of a prize being awarded or received (if applicable) by you.
In the event you choose not to accept the prize, the prize shall be forfeited and we shall deal with such prize in such manner as we deem fit in our absolute discretion.
13. Indemnity, Limitation of Liability and Waiver
Participation of TSA Contest is entered into at your own risk without any warranty of any kind express or implied. At the same time, all prizes are accepted entirely at your own risk and are awarded by us, our agent, assignee and/or sponsor without any warranty of any kind express or implied. Where applicable, you may be required to execute a deed of release and indemnity in a form prescribed by us, and you agree to execute such release and indemnity in order to participate in TSA Contest and/or receive the prize.
In the event the TSA Contest and/or prize involves the consumption of food, product sampling and/or any form of participation, trip or travelling (collectively known as “Participation”), you are aware that during such Participation, whether in civilized or remote area or by any mode like aviation, land transport (which includes but not limited to rail, road, off-road transport) and ship transport entails an inherent risk factor such as illness, injury and/or death which may be caused by any act, omission and/or negligence of others, self, forces of nature or other known or unknown factors.
You recognize that such risks may be present at any time before, during and after the Participation and you agree to Participate, whether or not, such participation is under our arrangement or otherwise by our associate, agency or any third parties.
You are also aware that medical services or facilities may not be readily available or accessible during some or all the time during such Participation.
You will assume full responsibility of obtaining your own insurance with any insurers to cover all of your needs that is intended to cover without limitation to medical expenses, delay baggage, travel delay due to weather, trip interruption, accidental death injury or disablement, or any losses incurred during such Participation, whether within Malaysia or internationally.
In consideration of your participation of the TSA Contest and/or acceptance of the prize, you acknowledge and agree that the Indemnified Party shall not be responsible or liable for, and release and forever discharge the Indemnified Party from any claim, liability, damages, cost, loss or expense whatsoever caused in respect of but not limited to:-
(a) any injury or health problems happens to you (including nervous shock) and including any injury or health problems resulting in mental or physical illness whether temporary or permanent and injury or health problem resulting in death;
(b) loss of earnings or earning capacity;
(c) any impairment of enjoyment of life;
(d) loss of or damage to personal property and personal belongings;
(e) pain and suffering;
(f) death; and/or
(g) any loss of any other kind whatsoever arising out of such Participation.
The releases contained in the foregoing paragraphs shall operate in respect of any injury, death, loss and/or damage sustained or suffered howsoever caused, including any injury, death, loss and/or damage due to the act, omission, negligence, lack of reasonable foresight, lack of reasonable care, or failure to take adequate precaution by the Indemnified Party. You hereby agree to fully indemnify, defend and hold the Indemnified Party harmless against any loss, claim, liability, writ, summons, suit, action, proceeding, judgment, order, decree, damages, costs, fees, expenses (including but not limited to court costs, reasonable legal fees, and expenses), damages and all costs and expenses of any nature arising out of any breach of representation, warranty or undertaking or your participation in the TSA Contest, acceptance of the prize or by such Participation.
The Indemnified Party shall not be held responsible for:-
(a) any problem, loss or damage of whatsoever nature suffered by you or any party due to any delay or failure in sending a TSA Contest entry as a result of any network, communication, ISP or system error, interruption;
(b) any problem, loss or damage of whatsoever nature suffered by you or any party due to any delay or failure in receiving your TSA Contest entry whether or it is experienced by us or your telecommunication service provider;
(c) any problem, loss or damage occurs as a result of downloading of any material in the TSA Contest;
(d) any error (including error in notification of TSA Contest winners), omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft, destruction, alteration of, or unauthorized access to entries, or entries lost or delayed whether or not arising during operation or transmission as a result of server functions, virus, bugs or other causes outside our control; and/or
(e) any failure on our part to perform any of our obligations in respect of the TSA Contest and this Contest Terms, rules and regulations where such failure is caused by any reasons or circumstances beyond our control.
All rights and privileges herein granted to us are irrevocable and not subjected to rescission, restraint or injunction under any and all circumstances. You shall have no right in any circumstances, to injunctive relief or to restrain or otherwise interfere with the organization of the TSA Contest, the production, distribution, exhibition and/or exploitation of the TSA Contest.
We shall not be liable to you for any expenses incurred, wasted expenditure, loss of revenue, loss of profits, loss of anticipated savings or business, pure economic loss, loss of data, loss of goodwill, loss of value of the prize, loss of use of TSA Service, loss of use of TSA Platform, loss of use of telecommunication services, loss of opportunity or expectation loss, and any forms of special, indirect, punitive or exemplary loss or damages, and any penalties or fines imposed by the (i) the federal government of Malaysia, (ii) any state, province, regency, municipality or other political subdivision of Malaysia, (iii) any agency, authority or instrumentality of any of the foregoing, including any court, tribunal, department, bureau, commission or board, or (iv) the relevant authority in a foreign country, if applicable (“Appropriate Authority”), (even if such loss arises directly, naturally or in the usual course of things from any breach, action or inaction in question).
Notwithstanding anything to the contrary, in the event the Indemnified Party is found liable, whether wholly or partially, by the Appropriate Authority or in a court with competent jurisdiction, you agree that our entire liability, if any, and your exclusive remedy, arising out the TSA Contest shall not exceed Ringgit Malaysia One (RM1.00) only.
14. Our Decision
The criteria for the selection of winner shall be as set out in the Specific Terms. Notification of winner will via the means as set out in the Specific Terms. Our decision on all matters relating to the TSA Contest (including without limitation, the selection of contestant, play of the TSA Contest, selection of winner, and/or any resolutions made) shall be final and absolute and binding on you. No discussion, correspondence, enquiry, appeal or challenge in respect of any decision made by us will be entertained.
15. Successors and Assign
You hereby agree that the obligation specified herein shall be binding upon you personally as well as your heirs, executors and administrators. In the event it involves any form of participation, trip or travelling, this would include all members of your family and any minor accompanying you.
We shall be entitled to assign or sub-license the whole or any part of its rights hereunder to any third party as may be determined by us. You do not have any such rights.
If this Contest Terms or any part thereof is translated into any other languages and there is any conflict between this English version and any foreign language version of this Contest Terms, the English version shall prevail.
In the event any provision of this Contest Terms is held by a court of competent jurisdiction to be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions contained herein shall not, in any way, be affected or impaired hereby.
18. Governing Law
The Contest Terms is governed by the laws of Malaysia without regard to principles of conflicts of law, you and we submit to the exclusive jurisdiction of the courts of Malaysia, and you waive any objections on the ground of venue or forum non-conveniens or any similar grounds.
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