'Stop Missing Out!' Contest Terms and Conditions
These Official Rules apply to the ‘Stop Missing Out!’ (“Contest”), - supported by BlackBerry (M) Sdn Bhd (“BlackBerry” ) and Text 100/Tempus Communications (“the Contest Administrators”), during the Contest Period outlined below.
1. CONTEST PERIOD: Contest runs from 00:00:00 GMT +8 Monday July 14th to 23:59:59 GMT +8 Thursday August 21st, 2014 (“Contest Period”).
2. ELIGIBILITY: PURCHASE IS NOT NECESSARY. The Contest is open to participants who:
1) are residents of Malaysia, permanent residents or expatriates, who are currently living in Malaysia;
2) have reached the age of majority in their state, province or territory at the time of entry (18 years of age or older). Participants below the age of 18 years must obtain parental consent to participate;
3) have a valid, active email address and BlackBerry Messenger (BBM) pin associated with their submission at the time of entry; and
Employees of BlackBerry and its affiliated companies and advertising and promotional agencies, representatives and entities involved in the implementation and execution of the promotion (collectively, “Contest Administrators”), and their immediate family members (parent, child, sibling and spouse and household members), and each of their respective parent companies, subsidiaries, affiliates, agencies and persons connected with the use, marketing or conduct of the Contest are not eligible to participate;
3. HOW TO ENTER: To enter visit www.stopmissingout.com.my (“Site”) during the Contest Period and complete the online entry form by:
1) providing participant’s full name, NRIC, mobile number, BlackBerry pin number, mailing address, and email address;
2) uploading a picture that best describes how the BlackBerry smartphone keeps you connected. The picture has to include a BlackBerry smartphone;
3) writing a creative entry in less than 20 words about how your BlackBerry keeps you connected; and
4) completing the submission form (collectively “Submission”) by selecting one (1) of four (4) celebrities with whom the participant would like to spend time with.
The number of entries participants can submit correlates to the type of device owned during the contest period:
o BlackBerry Z3 device(s): 5 entries
o Other BlackBerry device(s) running BlackBerry 10 Operating System, including BlackBerry Z10, BlackBerry Q10 and BlackBerry Q5: 3 entries
o Other BlackBerry device(s) running BlackBerry 7 Operating System & all other BlackBerry smartphones: 1 entry
4. SUBMISSION TERMS: All Submissions must also conform to the following Submission requirements in BlackBerry’s sole discretion:
1) each Submission must be original and created by entrant who submits it (modifying, enhancing or altering a third party’s pre-existing work does not qualify as entrant’s original creation and will be disqualified from the Contest);
2) Submission cannot contain trademarks owned by others (except trademarks owned by BlackBerry), or advertise or promote any brand or product of any kind (other than those owned by BlackBerry), without permission, or contain any personal identification, such as personal names, email addresses or street addresses;
3) Submission cannot contain copyrighted materials owned by others without permission;
4) Submission cannot contain materials embodying the names or other indicia identifying any person, living or dead, without permission; and
5) Submission cannot depict, and cannot itself, be in violation of any law.
BlackBerry and the Contest Administrator reserves the right to disqualify and/or remove, in its sole discretion, any Submission that does not comply with the Official Rules or the Submission terms or violates the law and/or does not meet BlackBerry’s standards as determined by BlackBerry at its sole discretion. Submissions become the property of BlackBerry and will not be acknowledged or returned. BlackBerry or the Contest Administrator’s server shall be the official time stamp for the purposes of determining the validity of Submissions.
By submitting a Submission, you agree that your submission is gratuitous and made without restriction, and will not place BlackBerry and the Contest Administrators under any obligation, that BlackBerry and the Contest Administrators is free to disclose the ideas contained in the Submission on a non-confidential basis to anyone or otherwise use the ideas without any additional compensation to you. You acknowledge that, by accepting your Submission, BlackBerry and the Contest Administrators does not waive any rights to use similar or related ideas previously known to BlackBerry and the Contest Administrators r, or developed by its employees, or obtained from sources other than you. BlackBerry and the Contest Administrators reserves the right to, and may or may not, monitor and/or screen Submissions prior to posting them to the Site. By entering, you acknowledge that BlackBerry and the Contest Administrators have no obligation to use or post any Submission you submit.
By submitting a Submission you warrant and represent that it:
a) is your original work;
b) has not been previously published;
c) has not won previous awards;
d) does not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property, proprietary property or other rights of any person or entity;
e) that you have obtained permission from a person whose name or other identifying indicia is used in the Submission; and
f) that publication of the Submission via various media including internet/online posting, will not infringe on the rights of any third party.
Any such entrant will indemnify and hold harmless, BlackBerry and the Contest Administrators from any claims to the contrary. Any entrant whose Submission includes indicia of third parties or contains elements not owned by the entrant (such as, but not limited to, depictions of persons or trademarks) must be able to provide written legal releases for such use including BlackBerry and the Contest Administrators’ use of such Submission, in a form satisfactory to BlackBerry and the Contest Administrators, upon request, prior to award of any prize and/or naming of entrant as a Contest winner.
Submissions are posted on the Site and are available to be viewed by anyone with access to the Internet. By entering the Contest you agree to members of the public viewing, and sharing your Submission. Contest Administrators or BlackBerry may remove posted Submissions from the Site in its sole discretion at any time and without notice to you.
By accepting a prize, each winner irrevocably assigns and transfers to BlackBerry all of his/her right, title and interest in and to his/her Submission including all but not limited to all copyright and trademark rights which he or she may have, in Malaysia and worldwide, therein, for consideration, the receipt and sufficiency of which is hereby acknowledged. Winner hereby waives in favor of BlackBerry and the Contest Administrators, all rights of “Droit Moral” or “Moral Rights of Authors” or any similar rights or principles of law that winner may now or later have to their Submission. BlackBerry and the Contest Administrators reserves the right to alter, change or modify the winning Submission, in its sole discretion. Upon request of BlackBerry and the Contest Administrators, winner shall execute and deliver such additional instrument of assignment, as may be solely deemed by BlackBerry and the Contest Administrators, reasonably necessary to establish the ownership of record of the right, title and interest in and to the Submission and of the copyrights transferred and “Moral Rights of Authors” waived under these Official Rules. Should BlackBerry and the Contest Administrators fail to request the said assignment as stated, that shall not be deemed a waiver of BlackBerry and the Contest Administrators rights and BlackBerry and the Contest Administrators may at a later time request the assignment.
5. JUDGING CRITERIA: A panel of judges comprised of three (3) BlackBerry marketing staff will select the five (5) winning Submissions for each Celebrity (for a total of four (4) Celebrities) from all eligible Submissions received during the Contest Period. The potential winners will be chosen based on having the highest composite score (between 1-100) when the following criteria of equal weight (i.e. 20% each) are applied and totalled:
2) quality of writing;
3) accuracy; and
4) portrayal of how BlackBerry keeps the participant connected. (collectively, “Judging Criteria”).
In the event of a tie, the Submission (among those tied) with the highest score in the “portrayal of how BlackBerry keeps the participant connected” category of the Judging Criteria continuing thereafter to each of the following: accuracy; creativity; and quality of writing in order as needed to break the tie(s). Judging Panel and/or the Contest Administrators may in its sole discretion disqualify any Submission that does not meet the terms and conditions of these Official Rules or that it considers in its sole discretion to contain unethical or unlawful content. Disqualifications may be made at any time and without notice to you. All decisions by judging panel and the Contest Administrators are final without right of appeal. Winning is contingent upon verification of eligibility and compliance with all requirements in these Official Rules. This Contest is a game of skill in which chance plays no part in determining the winners.
6. PRIZES: A total of four (4) half-day outing with selected Celebrities (with a total of 4 Celebrities) is available to be won. Each winner will win a half-day outing (with a maximum of five (5) winners per Celebrity during a single outing).
7. AWARDING OF PRIZES AND PRIZE NOTIFICATION: Potential winners will be notified by e-mail (using the e-mail address provided in the entry form). In the event of noncompliance with these Official Rules, or if a potential winner cannot be reached using the contact information provided within ten (10) business days of sending the e-mail notification, or if the prize winner notification is returned unclaimed or undeliverable, the prize will be forfeited. BlackBerry reserves the right to substitute a prize of equal or greater value in the event that the Prize described is unavailable due to circumstances beyond BlackBerry’s control. Prizes are non-transferable and not redeemable for cash.
8. HOW TO CLAIM YOUR PRIZE: A notification email will be sent to each winner’s email (using the email address provided in the entry form) with further instructions to arrange for the outing with each winners selected Celebrity. No compensation will be given upon prize forfeiture or otherwise.
9. GENERAL CONDITIONS:
9.1 BlackBerry and the Contest Administrators reserves the right, in its sole discretion, to disqualify any individual it finds to be: tampering with the operation of the Contest or any website related to the Contest; to be acting in violation of the Terms and Conditions; or to be acting in a disruptive manner, or with intent to annoy, abuse, threaten or harass any person participating in or connected with the Contest. Any attempt by any participant to obtain more than the stated number of entries by using multiple/different identities, or any other methods will void that participant’s entry and that participant may be disqualified. Use of any automated system to participate is prohibited and will result in disqualification. In the event of a dispute as to entries submitted by multiple users having the same email account, the authorized account subscriber of the email account used to enter the Contest at the actual time of registration will be deemed to be the participant and must comply with the Terms and Conditions; the unauthorized subscriber(s) will be disqualified. For the purpose of these Terms and Conditions, the authorised account subscriber is deemed to be the natural person who is assigned an email address by an internet access provider, online service provider or other organisation, which is responsible for assigning email addresses for the domain associated with the submitted email address. Winner may be required to provide BlackBerry and the Contest Administrators with proof of identity or that he or she is the authorised account holder of the email address associated with the winning entry. All decisions of the Sponsor with respect to any aspect of the Contest, including the eligibility or disqualification of entrants, are final and without right of appeal. If relevant, the Sponsor’s server shall be the official time stamp for the purposes of determining the validity of any entries by entrants.
9.2 Limitation of Liability - General. By participating in this Contest, you agree to release and hold BlackBerry and the other Contest Administrators and their respective and their respective parent companies, affiliates, subsidiaries, officers, directors, agents, and employees (collectively, “Released Parties”) harmless from any and all liability whatsoever for any injuries, losses or damages of any kind arising from participation in or in connection with the Contest, including, without limitations, and where applicable (i) awarding, acceptance, receipt, possession, use and/or misuse of the prizes awarded herein; or (ii) participation in any prize or related activities.
9.3 Limitation of Liability - Contest Operation. By entering the Contest, you agree to release and discharge the Released Parties from any and all liability resulting from: (i) late, lost, delayed, stolen, misdirected, unreadable, incorrect, inaccurate, garbled or unintelligible communications, including without limitation, entry information, regardless of the method of transmission, including the failure to send a prize notification email and/or shipping of prize to the prize winner; whether caused by website users or by any of the equipment or programming associated with or utilized in the Promotion; (ii) any error, omission, interruption, deletion, defect, or delay in operation or transmission at any website related to the Promotion, or for communications line failure, or for theft or destruction, tampering, or unauthorized access to entries and/or entry information; (iii) printing, human, typographical or other errors in any Promotion material or the administration of the Promotion; (iv) any computer, software, website or electronic defect, error or failure regardless of reason.
9.4 Modification. BlackBerry reserves the right to modify, cancel, terminate or suspend the Contest in whole or in part, at its sole discretion, in the event of a virus, computer bug or unauthorized human intervention or any other cause that is beyond the control of BlackBerry that could corrupt or affect the administration, security, impartiality or normal course of the Contest. In the event such an occasion arises Sponsor will post a notice at www.stopmissingout.com.my.
The winner will be solely responsible for any and all applicable taxes and any other costs, expenses and fees resulting from acceptance and/or use of a prize which are not stated as included in the prize in these Official Rules.
9.7 Governing Law. These Contest Official Rules shall be governed by and construed under the laws of Malaysia, without regard to conflict of law principles, and any dispute under these Contest Terms shall be subject to the non-exclusive jurisdiction of the courts in Malaysia.
9.8 Winners' Names and Submissions: The names of the Winners will be available approximately three (3) weeks after the Contest Period. Winner’s Names and Submissions will be posted on www.stopmissingout.com.my.