Terms & Conditions

  1. DEFINITIONS

    Contestshall mean any activity, campaign, contest or other initiative organized by Digi on this Website.
    Digishall mean Digi Telecommunications Sdn Bhd (Company No. 201283-M).
    Materialshall mean any photographs, videos and/or graphic contents uploaded and submitted by the Participant for the purpose of the Contest.
    Participantsshall mean an individual who participates in any of the Contests held in this Website.
    Usershall mean an individual who browses this Website.
    Websiteshall mean this “Digi Kreative Crew” website run by Digi.
  2. OBJECTIVE OF THE WEBSITE

    1. This Website is a creative crowdsourcing platform run by Digi.
    2. Digi will be organizing the Contests on this Website.
    3. All Contests will be governed by these terms and conditions and / all applicable terms and conditions including but not limited to Digi’s Privacy Statement, Data Protection Statement and Data Protection Obligations found on Digi’s official website at www.digi.com.my (collectively, “Terms”).
    4. By registering an account on this Website and/or participating in any of the Contests of this Website, each User and/or Participant (where applicable):-
      1. agree to be bound by the Terms; and
      2. if such User and/or Participant (where applicable) is below eighteen (18) years of age, also confirms that he/she has obtained prior consent from his or her respective parents or legal guardian to use this Website and/or participate in this Contest. In the event such User and/or Participant (where applicable) fails to provide Digi with the said parental / guardian consent upon request by Digi, Digi has the right to suspend the User’s account and/or disqualify the Participant’s participation in any of the Contests (where applicable).
  3. CONTESTS

    1. The details of and any specific requirement with regard to each and every Contest will be set out in the respective Contest page.
    2. In order to be eligible to any of the Contests, the Participants shall comply with any specific requirement of such Contest.
  4. CONTESTS MECHANISM

    1. Unless expressly stated otherwise in the Contests, the clauses under this Clause 4 shall apply to all Contests.
    2. The Participant shall submit the Material as per the format, requirement and theme of the Contest.
    3. By submitting the Material to this Website, it amounts to participating in the Contest and such participation shall be bound by the Terms and any specific requirement of the Contest, if any.
    4. Digi reserves the right, at any time, to verify the validity of entries and entrants and to disqualify any entry not submitted in accordance with the Terms or which tampers with the entry process. Incomplete, indecipherable, illegible, incorrect or fraudulent entries or any entry which violates the Terms will automatically be disqualified.
    5. Each Participant warrants that all contents and/or the Material submitted are original and the ownership of the Material uploaded and submitted by him/her belong to such Participant and each Participant further warrants that the Material does not infringe any third party’s intellectual property right.
    6. Each Participant, by uploading and submitting the Material to this Website, grants Digi the exclusive, loyalty-free, non-transferable right to use, reproduce, print, represent, broadcast, display, communicate, transmit the Material in any marketing activities and/or promotional materials held by Digi. In the event the Participant refuses to grant Digi the exclusive right to use the Material, the Participant shall not participate further in the Contest.
    7. Other than uploading and submitting the Material to the Website, each and every Participant is also required to provide a creative caption about the Material and/or Contest or answer to a question posed on the Contest.
  5. SELECTION AND NOTIFICATION OF CONTEST WINNERS

    1. The number of contest winner(s) may vary depending on the particular Contest.
    2. Upon expiry of the contest period, which can be found at the respective Contest, Digi shall select the contest winner(s) (collectively “Contest Winners”) based on the [●].
    3. Digi will notify the Contest Winners by contacting the Contest Winners via the mobile numbers registered with this Website. Digi will only contact the Contest Winners two (2) times. The non-contactable Contest Winners shall be disqualified automatically and shall have no claims whatsoever against Digi on such disqualification. Digi has the right to select another Contest Winners in such instance.
  6. THE PRIZES

    1. The prizes may vary depending on each and every Contest (collectively “Prizes”).
    2. The Prizes are not transferable and / or exchangeable and not for resale. No cash alternatives will be offered (if the Prize is not a cash prize). Digi reserves the right to replace any of the Prizes with another prize of the same value without prior notice.
    3. The mode of the delivery of Prizes will be informed by Digi from time to time.
  7. PROHIBITED CONTENTS AND MATERIALS

    1. Each User and/or Participant (where applicable) agrees and undertakes not to submit and upload to this Website any illicit content and/or the Material, of any kind or any nature:-
      1. which is an infringement of an intellectual property right;
      2. which constitutes justification of crimes against humanity or war crimes, offences or fines, a denial of the existence of crimes against humanity or known acts of genocide;
      3. which encourages to commit fines, offences or crimes of any kind whatsoever including terrorist acts;
      4. which is violent or pornographic, pedophilic or likely to violate a minor’s right;
      5. which is a breach of public order or decency;
      6. which is defamatory, libelous or insulting of or to any individual or legal entity;
      7. which is racist, xenophobic, a denial or likely to damage anyone’s reputation, which provokes discrimination, hatred, or violence vis-a-vis an individual or group of individuals on account of their origin, sex, family situation, physical appearance, family name, health, disability, genetic characteristics, morals, actual or assumed sexual tendencies, age, political opinions, union activities, actual or assumed adherence to an ethnic group, nation, race or religion;
      8. which is an invasion of privacy or which breaches privacy or any right of publicity;
      9. which contains any virus, worm, Trojan horse or any computer file or program that is liable to interrupt, totally or partially destroy or restrict the functions of any computer or IT network that has any (distant or close) relation with this Website;
      10. which threatens a person or people;
      11. which breaches confidentiality of private correspondence;
      12. which allows a third party to acquire, directly or directly, pirated software, software that allows acts of piracy and intrusion into computer systems and telecommunications, viruses and other logic bombs and generally any software or other tool which allows to infringe the rights of others and to endanger the safety of persons and property; and
      13. which breaches or is contrary to applicable laws and regulations.
    2. By submitting and uploading the Material to this Website, each User and/or Participant warrants that the Material and other contents (if any) are not prohibited contents.
  8. PERSONAL DATA PROTECTION

    1. By registering for an account on this Website and/or participating in any of the Contest (where applicable), each User and/or Participant (where applicable) agrees and consents to such details including without limitation personal data/information being collected, processed and used by Digi for:-
      1. the purpose of this Website;
      2. the purpose of the Contests;
      3. marketing and promotional activities conducted in such manner as Digi sees fit worldwide in any media including without limitation the Internet, without further express consent from, and payment or consideration to the relevant. Marketing and promotion activities includes without limitation the use and/or publication of any details and Materials provided in and/or in connection to the entries, interviews material as well responses and related photographs. In this regard, each User and/or Participant (where applicable) agrees to co-operate and participate without further express consent and/or payment or consideration, in all reasonable advertising and publicity activities of Digi relating to this Website and/or the Contests (where applicable); and
      4. other promotional, marketing and publicity notification/information including future promotional, marketing and publicity notification/information from Digi from time to time.
    2. In addition, where any of the data/information especially personal data relating to the User and/or Participant and/or third parties (where applicable) are submitted to Digi and/or for the registration of an account of this Website and/or by any entrant in connection to the Contest, each:-
      1. warrants that he/she is in possession of all necessary consents and shall continue to maintain such consents as may be required for Digi and/or usage and processing of such data/information; and
      2. agrees that it shall be his or her responsibility to advise Digi in writing should there be any relevant change in the data/information provided to Digi which requires action on the part of Digi.
  9. REGISTRATION OF AN ACCOUNT

    1. The User must register for an account on this Website before participating in any of the Contests and/or posting comments on this Website.
    2. The User is fully responsible for all allegations, comments, posts and/or the Material made by such User on this Website.
    3. The User undertakes to keep his/her username and password confidential.
  10. INDEMNITY

    1. Each User and/or Participant (where applicable) hereby agrees and irrevocably and unconditionally undertakes to indemnify Digi (on full indemnity basis) against any claim by any third party and against any loss, damage, cost or expense (including solicitors' fees and cost) that it may suffer or incur as a result of or in connection with the Material submitted and/or the allegations, comments and/or posts made by such User and/or Participant.
    2. Each User and/or Participant further agrees:-
      1. to release and hold harmless Digi against any and/or all losses, damages, rights, claims and actions of any kind in connection with this Website and/or the Contests (where applicable) (including resulting from acceptance, possession, use or misuse of any Prizes, or travel to or from any Prize-related activity and claims based defamation, or invasion of privacy);
      2. that Digi makes no warranties, express or implied, in fact or in law, relative to the use or enjoyment of any of the Prizes, including, without limitation to, their quality, merchantability or fitness for a particular purpose;
      3. that Digi shall not be liable for any losses, damages, rights, claims and actions of any kind (including without limitation loss of damage to property or any personal injury or loss of life, 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 this Website and/or the Contests and/or the Prizes, even if Digi has been advised of the possibility of such damages in advance, whether or not due to and/or arising from:-
        1. telephone, electronic, hardware or software program, network, Internet, server or computer malfunctions, failures, interruptions, miscommunications or difficulties of any kind, whether human, mechanical or electrical, including, without limitation to, the incorrect or inaccurate capture of entry information online;
        2. late, lost, delayed, misdirected, incomplete, illegible or unintelligible e-mails;
        3. virus attacks and/or any other malicious software infection to the subscribers’ mobile phones arising from the downloading of these contents, any failed, incomplete, lost, garbled, jumbled, interrupted, unavailable or delayed electronic transmissions;
        4. any condition caused by events beyond the control of Digi including those due to any act of God, war, riot, strike, lockout, industrial action, fire, flood, drought, storm or any event beyond the reasonable control of Digi;
        5. any printing or typographical errors in any materials associated with the Contests; and
        6. any claims by third party for infringement of intellectual property rights.
  11. DIGI’S RIGHTS

    1. Digi:-
      1. reserves the right, at any time, to verify the validity and/or reject any entries at its sole and absolute discretion without having to assign any reasons whatsoever. Incomplete, indecipherable, illegible or incorrect, ineligible, fraudulent, unlawful or deceitful entries or any entry which violates the Terms, will automatically be disqualified;
      2. reserves the right to disqualify a Contest Winner if he/she is found to be ineligible at any point of time and to cancel/withdraw/recall the Prize from being delivered to the ineligible Contest Winner. If the ineligible Contest Winner has enjoyed the Prize, the ineligible Contest Winner hereby agrees and undertakes to indemnify Digi for the cost of the Prize, failing which, Digi shall have the right to initiate any action it deems necessary against the ineligible Contest Winner;
      3. reserves the right to reject any entries and/or withhold the Prize or forfeit the Prize where Digi believe(s) that there are unlawful, deceitful and/or fraudulent acts and practices without any prior notice;
      4. reserves the right, at any time, to vary, delete or add to any of the mechanics, the Prizes or the Terms, and alter, cancel, terminate or suspend any Contest and/or any part thereof without any prior notice;
      5. for the avoidance of doubt, cancellation, termination or suspension by Digi of any entry or any Contest shall not entitle the User and/or Participant (where applicable) to any claim or compensation against Digi for any and all loss or damage suffered or incurred by the User and/or Participant (where applicable) as a direct or indirect result of the act of cancellation, termination or suspension;
      6. shall not be responsible or liable for any claims of loss or damage to property or any personal injury or loss of life resulting from or in connection with this Website and/or any Contest;
      7. shall not be liable for any loss or damage (including without limitation 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 this Website and/or any Contest, even if Digi has been advised of the possibility of such damages in advance, and all such damages are expressly excluded;
      8. shall not be liable for any default due to any act of God, war, riot, strike, lockout, industrial action, fire, flood, drought, storm or any event beyond the reasonable control of Digi.
  12. All decisions by Digi, including but not limited to the selection of Contest Winners and forfeiture of the Prizes are final, conclusive and binding. No correspondence or claims shall be entertained.
  13. A failure by Digi to enforce any of the Terms in any instance(s) will not give rise to any claim by any person.
  14. All other terms and conditions governing the use of any of Digi’s mobile telecommunication services shall apply herein mutatis mutandis.
  15. The Terms, which are available on www.kreativecrew.com/terms shall be governed and construed by the laws of Malaysia and the parties shall submit to the exclusive jurisdiction of the Courts of Malaysia.

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