SEARCH & WIN TERMS AND CONDITIONS

1.0      INTRODUCTION

1.1      Prior to participating in "Search & Win" ("Campaign"), it is advisable for you to take a couple of minutes to read the following Terms and Conditions carefully and ensure that you are completely aware and understand the Terms and Conditions.

1.2      How to join the challenge?

Step 1: Google search "Win vivo V27" and click the visual in the press section.

Step 2: Guess the RIGHT puzzle

Step 3: Screenshot, Tag 3 friends & Upload the answer with #vivoV27 #vivoMYGiveaway #AuraPortraitForPicturePerfectNights on the Facebook comment section post.

Facebook Post: https://www.facebook.com/vivoMalaysia/photos/a.285474328280100/2509888999171944/ 

1.3      These Terms and Conditions govern your access and use of the Platform or the use of any services, information and functions made available by us at the Platform ("Services"). Before using this Platform or Services, you are advised to read the Terms and Conditions carefully and accept the Terms and Conditions and other terms and conditions and policies pertaining to the use of the Platform and/or the Services (collectively referred to as "Search & Win" Terms and Conditions) and you must consent the processing of your personal data as described in the Privacy Notice made available at campaign landing page  in accordance with the Personal Data Protection Act 2010 ("PDPA").

1.4      By accessing the Platform and/or using the Services, you agree to be bound by the "Search & Win" Terms and Conditions and any amendments to the foregoing issued by us (at our sole discretion) from time to time. If you do not agree to Campaign Terms and Conditions and contents of the Privacy Notice, do not access and/or use this Platform and/or the Services.

1.5      vivo Malaysia may at its absolute discretion to change, modify, add or remove portions of these Terms and Conditions and/or Campaign Terms and Conditions at any time without any prior notice whatsoever. Changes will be effective when posted on the Platform without any prior notice and you are deemed to be aware of, agreed and bound by any changes to the foregoing upon its publication on the Platform.

2.0      CAMPAIGN ORGANISER

2.1      The organisers of "Search & Win" ("Campaign") are VTALENT BUSINESS SDN BHD (formerly known as vivo Technologies Sdn Bhd) (Company No. 201501040956) whose registered office is at No. 7F-1, 7th Floor, Tower 4 @ PFCC, Jalan Puteri 1/2, Bandar Puteri, 47100 Puchong, Selangor, Malaysia (hereinafter collectively as "Organiser")

2.2      By entering this Campaign, the Participants (as defined below) agree to be bound by the Terms & Conditions and decisions of the Organiser.

2.3      Failure by the Organisers to enforce any of these T&C in any instances shall not give rise to any claim by any participants against the Organiser.

3.0      OWNERSHIP, COPYRIGHTS AND TRADEMARKS

3.1      VTALENT BUSINESS SDN BHD (formerly known as vivo Technologies Sdn Bhd) (Company No. 201501040956) has been fully authorised by vivo Mobile Communication Co., Ltd., China ("vivo") to utilise vivo's trademarks, including the name and logo of vivo, including their text, images, graphics, sound files, animation files, video files and their arrangement displayed on the Platform and other internet sites are all subject to copyright and other intellectual property protection. These materials may not be copied for commercial use or distribution, nor may these materials be modified or reposted. Some vivo internet sites may also contain materials that are subject to the copyright rights of their providers.[HBY1] 

3.2      Unless otherwise indicated, all marks displayed on vivo internet sites, are subject to the trademark rights of vivo including, but not limited to, corporate logos, product and corporate taglines as well as emblems.

4.0      "Search & Win"

By entering this Campaign, you agree to be bound by the Terms & Conditions ("T&C") regulated by Organiser.

4.1      Campaign Eligibility

This Campaign is open to all individuals ("Participants") who fulfil the following criteria:

4.1.1   This campaign is open to all residents of Malaysia (citizen and non-citizen)     possessing a valid Identity Card (IC) (for Malaysians) and passport (for non-Malaysians).

4.1.2   The following Participants shall not be eligible to participate in the Campaign:

i.      Employees of the Organiser including its affiliates and/or related companies; and

ii.     Representatives, employees, servants and/or agents of advertising agencies and/or promotion service providers of the Organiser including its affiliates and/or related companies, and their immediate family members (spouses, children, parents, brothers and sisters).

4.2      Campaign Period and Submissions

4.2.1   The Campaign starts on 16 March 2023 at 09.00 a.m. and ending on 29 March 2023 at 11.59 p.m. ("Campaign Period").

4.2.2   Participations received after the Campaign Period or are damaged, corrupted, incomplete or illegible will not be accepted and will be disqualified.

4.2.3   Incomplete entries and/or failure to fulfil all or any of the T&C will automatically disqualify the Participants from the Campaign without prior notice.

4.2.4   The Organiser reserves the right at its sole and absolute discretion to shorten or extend the Campaign Period at any time for any reasons whatsoever without prior notice to the Participants.

4.2.5   The Organiser reserves the right at its sole and absolute discretion to modify the campaign mechanisms, suspend, withdraw or terminate the Campaign at any time during the Campaign Period for any reasons whatsoever without prior notice to the Participants.

4.2.6   For the avoidance of doubt, any modification, suspension, withdrawal or termination of the Campaign by the Organiser shall not entitle the Participants to any claim or compensation against the Organiser for any loss or damage suffered or costs and expenses incurred by the Participants either directly and/or indirectly arising from or in connection with the modification, suspension, withdrawal or termination of the Campaign by the Organiser.

4.3      Campaign Mechanics

4.3.1   Participants complete all the step in vivo "Search & Win" landing page are entitled to participate in Campaign.

4.3.2   Who didn't complete all the step, the Participant will be disqualified automatically.

4.3.3   Organizer reserves the rights to disqualify any Participants/Campaign Entry at its sole and absolute discretion, without having to assign any reasons whatsoever.

4.4      Selection of Campaign Winners

4.4.1   Campaign Winners will be selected based on compliance with all Campaign participation criteria and Campaign mechanics.

4.4.2   The Organisers reserves the right to reject any participation which are incomplete, illegible, disfigured, submitted beyond the Campaign Period or without the valid proof of booking or purchase or such other reasons as the Organisers deems fit.

4.5      Campaign Prizes

4.5.1   The Prizes to be won for this Campaign are as follows ("Campaign Prizes''): -

4.5.2   The Organiser reserves the rights to change the Campaign Prizes with prizes of similar value without prior notification at its sole and absolute discretion. Decisions by the Organisers will be final and no appeals will be entertained. 

4.5.3   All Campaign Prizes are not exchangeable for cash or any items and are non-transferable.

4.5.4   All prizes are given on an "as is" basis.

4.5.5   All prizes are non-exchangeable, non-transferable and non-redeemable with any form of cash, goods or services either in part or in full.

4.5.6   The Organiser reserves the right at its sole and absolute discretion to substitute all or any of the prizes with any other prizes of equal or similar value (in kind) at any time without prior notice

4.7      Announcement of Campaign Winners

4.7.1   After the end of the Campaign Period, winners for this Campaign Prizes will be selected based on the lucky draw results that comply with the Campaign Terms and Conditions. The final results will be verified by the Organiser to final confirm.

4.7.2   The winners of this Campaign are final. No enquiries, verbal or written, shall be entertained.

4.7.3   The Organiser will announce the physical items Prize winners of this Campaign within one (1) calendar month from the closing date of the Campaign period. The winners will be announced on vivo Official Facebook page.

4.7.4   vivo will undertake to notify all Campaign winners either via e-mail, telephone call or use any other method or medium that vivo deems fit for the purpose of notifying the winners.

4.7.5   The winners shall response the e-mail by vivo or contact vivo within fourteen (14) calendar days ("Prizes Collection Period") from the date the winners receive the email or telephone call from the Organiser to confirm the prizes delivery details.

4.7.6   vivo reserves the right at its sole and absolute discretion to change the method or medium of prizes delivery without prior notice to the winners.

4.7.7   Failure to respond to the vivo's e-mail or telephone call for the collection of the prizes within the Prizes Collection Period shall result in the winners being disqualified by the Organiser. In such event, the Organiser shall have no liability to the winners in any respect whatsoever and the unclaimed prizes shall be dealt in manners deem fit by the Organiser at their sole and absolute discretion.

4.7.8   The decision of the Organiser in the final confirmation of the winners shall be final, conclusive and binding. No correspondences, queries or appeals will be entertained.

4.7.9   All Campaign Prizes will be distributed to the winners within two (2) calender months after the announcement of all Campaign Prizes winners. Delivery of all Campaign Prizes will be undertaken by vivo.

4.7.10   All transportation, accommodation, personal costs, any other costs and/or any other related expenses that are incurred to redeem the prize are at the sole responsibility of the winners.

4.7.11   The winners are fully responsible for any injuries, damages or claims as a result of or arising from their collection of their prize and/or usage of their prize.

5.0      INQUIRIES

5.1      You may contact vivo's Customer Service at 1-800-81-2836 (Mondays to Saturdays, from 9am to 9pm including public holidays) or leave them a message on vivo Malaysia Official Facebook page for assistance related to this Campaign.[HBY2] 

6.0      Copyright, Intellectual Property Rights and Publicity

6.1      The Participants agree and acknowledge that the Organiser (including their respective affiliates and related companies) retains all proprietary rights to the intellectual property contained in this Campaign and owns the copyright to all contents within.

6.2      By participating in this Campaign, the Participants have granted the Organiser the right to use the Participants' personal information for the purpose of advertising, trade and/or publicity, without prior notice to the Participants and the Participants shall not be entitled to claim ownership or other forms of compensation on such use.

6.3      The Organiser (including their respective affiliates and related companies) shall not be held responsible and/or answerable to any damages, losses or liabilities arise from the publication including but not limited to the posting of the same in the Organiser's website and/or any public domain.

7.0      USAGE POLICY

7.1      The courts of Malaysia shall have exclusive jurisdiction in relation to "Search & Win" Terms and Conditions of the agreement contained herein which shall be governed by and construed in accordance with the laws of Malaysia.

7.2      Organiser and/or its group of companies, and/or their respective employees, officers, directors involved in this Platform and/or Services shall not be liable in anyway whatsoever for : (a) any expenses incurred by Customers; (b) any sort of technical failure; (c) intervention by unauthorised parties during the Platform;

7.3      By accessing the Platform and/or using Services, Customer undertakes that he/she will not bring any claims, action or proceedings against Organiser and/or its group of companies involved in this Platform and/or Services, including its employees, officers, directors relating to this Platform and/or Services whether in contract or otherwise and Organiser and/or its group of companies shall not be liable for any loss, expense and/or damage in connection with the Platform and/or Services.

7.4      Organizer will not be liable for any direct, indirect, punitive, incidental, consequential or any other damages resulting from the use or inability to use the Platform or unauthorised access to the same. All use of this Platform shall be at the Customer's own risk.

7.5      Organiser shall not be in default of any of its obligation hereunder if the failure to perform the obligation is due to any event beyond Organiser's control, including, without limitation, significant failure of a portion of the power grid, significant failure of the Internet, natural disaster, war, riot, insurrection, epidemic, pandemic, strikes or other organized labor action, terrorist activity, or other events of a magnitude or type for which precautions are not generally taken in the industry.

7.6      THE ORGANISER DO NOT WARRANT OR REPRESENT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE THOUGH WE WILL ENSURE REASONABLE MEASURES TO MAINTAIN ACCURACY OF ALL DATA PRESENTED. TO THE EXTENT PERMITTED BY APPLICABLE LAW, PROTON DISCLAIMS ANY AND ALL WARRANTIES INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY APPLICABLE LAW, ALL SERVICES ARE PROVIDED ON AN 'AS IS' BASIS.

7.7      UNLESS EXPRESSLY STATED TO THE CONTRARY AND TO THE FULLEST   EXTENT PERMITTED BY LAW, THE ORGANISER HEREBY EXPRESSLY EXCLUDES ALL CONDITIONS, WARRANTIES AND OTHER TERMS WHICH MIGHT OTHERWISE BE IMPLIED BY STATUTE, COMMON LAW OR THE LAW OF EQUITY AND SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT WITHOUT LIMITATION TO ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES,OR DAMAGES FOR LOSS OF USE, PROFITS, DATA OR OTHER INTANGIBLES, DAMAGE TO GOODWILL OR REPUTATION, OR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, ARISING OUT OF OR RELATED TO THE USE, INABILITY TO USE, PERFORMANCE OR FAILURES OF THIS WEBSITE AND ANY MATERIALS POSTED HEREIN, IRRESPECTIVE OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR ARISE IN CONTRACT, TORT, EQUITY, RESTITUTION, BY STATUTE, AT COMMON LAW OR OTHERWISE.