Terms & Conditions: 47th Anniversary Contest for PUBLIC
1.1. This contest is organised by DRB-HICOM EZ-Drive Sdn Bhd (“Avis Malaysia”).
1.2. Entries will be accepted online starting 24th September 2019 and ending 24th October 2019, 11:59pm. Avis Malaysia reserves the right to vary, postpone or re-schedule the dates of the contest or extend the contest period at its sole discretion.
1.3. The contestants must adhere to the mechanisms of the contest.
1.4. Avis Malaysia reserves the right to at any time, change, amend, delete or add to the Terms and Conditions and other rules and regulations including the mechanisms of the contest at its absolute discretion.
1.5. Avis Malaysia may terminate or suspend the contest at any time at its absolute discretion in which case, Avis Malaysia may elect not to award any prize. Such termination or suspension will not give rise to any claim by the contestants. If the contest is resumed by Avis Malaysia, the contestant shall abide by Avis Malaysia’s decision regarding resumption of the contest and disposition of the prizes.
2. CONTEST ENTRY – PUBLIC CONTEST
2.1 The contestant shall be deemed to have read, understood, accepted and agree to be bound by the Terms and Conditions of the contest.
2.2 The contest for Public is a ‘Caption This Image’ format. The most creative entries will be selected for final judges’ decision.
2.3 Contest mechanisms as follows:
• Like & Follow Avis Malaysia Facebook and Instagram pages
• Click on the Survey Monkey link stated on the description post and answer the questions
• Create a creative caption for image provided
• Tag & Share at least 3 friends and hashtag #AvisMalaysia47th in the same post
2.4 Submission of the contest entry does not guarantee the contestant the opportunity to participate in the contest. Avis Malaysia shall be entitled to reject or refuse participation by the contestants for reasons, including (without limitation) where the contest entry is not complete or any provisions in the Terms and Conditions is not fulfilled or adhered to by the contestant.
3.1 To be eligible to enter a competition:
a) Contestants must be a real person, at least 23 years of age and permanently reside in Malaysia.
b) Contestants must have a genuine account and must ‘like’ the Avis Malaysia social media pages (Facebook/Instagram/LinkedIn) as part of the entry process.
c) One entry per contestant only.
d) Contestants may be required to submit further proof of their eligibility within such timeframe as may be required by Avis Malaysia failing which Avis Malaysia shall be entitled to disqualify the contestant.
4.1 Avis Malaysia reserves the right to disqualify contestants and/or revoke the prize (at any stage of the Contest) if: -
a) The contestant does not meet any of the Eligibility Criteria above; or
b) The contestant breaches the Terms and Conditions or other rules and regulations of the contest or violated any applicable laws or regulations; or
c) in Avis Malaysia’s sole determination, it believes that the contestant has attempted to undermine the operation of the contest by fraud, cheating or deception.
4.2 In the event of a disqualification after the prize has been awarded, Avis Malaysia reserves the right to demand for the return of the prize from the ineligible contestant.
4.3 Whilst Avis Malaysia will endeavour to conduct necessary verifications on the eligibility of contestants, failure to disqualify any ineligible contestants shall not be deemed a breach by Avis Malaysia.
5.1 The contestant represents and warrants with Avis Malaysia that –
a) the contestant has met all the eligibility criteria and has the right, authority and power to enter into the contest in accordance with Terms and Conditions and shall provide such proof as Avis Malaysia requires;
b) all the statements (if any and if so required) made by the contestant to Avis Malaysia are true, accurate and complete.
5.2 In consideration of Avis Malaysia offering to the contestant the opportunity to participate in a contest, the contestant hereby unconditionally and irrevocably;
a) Agrees that if so required by Avis Malaysia, taking of photos for promotions and publicity use.
b) Agrees that all prizes to be awarded in the contest is contingent upon the accuracy of the information provided and disclosures made by the contestant and the full and complete performance of the contestant’s warranties, undertakings and obligations hereunder.
c) Agrees that the contestant shall not by act or omission, directly or indirectly bring Avis Malaysia or the Sponsor into disrepute.
d) Agrees that the contestant shall not without the prior written consent from Avis Malaysia publish or disclose any information in connection with the contest or Prize (including without limitation, to any representatives of media in any form whatsoever).
e) Agrees that the contestant shall 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.
f) Agrees that the contestant’s participation in the contest and/or Programme does not entitle the contestant to wages, salary or any other compensation.
6.1 The Contest prizes shall be specified on Avis Malaysia social media channels.
6.2 The Lucky winners will be announced in our social media channels and will be notified by email or contact number (winners must therefore ‘like’ or ‘follow’ our social media accounts in order to be contacted about prizes) not more than 14 days following the closing date of the competition.
6.3 If the winner fails to respond to our notification attempts within 14 days or fails to meet any of the eligibility requirements or is otherwise unable to comply with the contest terms and conditions, we reserve the right to disqualify that entrant and offer the prize to the next eligible entrant and thereafter until a winner is found.
6.4 All Prizes must be collected within the collection period which is set by Avis Malaysia at its premises. Failure to claim Prizes shall result in the Prizes being forfeited by Avis Malaysia and Avis Malaysia, its agents, sponsors and representatives shall have no liability to the Winners in any respect whatsoever.
6.5 Where the Prizes awarded non-cash prizes, the winner shall not be entitled to redeem the same for cash or other alternatives.
6.6 Avis Malaysia does not guarantee the availability of non-cash-Prizes and Avis Malaysia shall be entitled to replace and/or substitute such prize(s) with any other prize(s) of similar value as determined by Avis Malaysia, its agents or sponsors at its sole discretion.
6.7 All prizes are strictly not transferable, assignable exchangeable or redeemable by the winners in any other form or manner other than that specified by Avis Malaysia. All specific or special terms and conditions that are attached to the Prize (whether by Avis Malaysia or its agent or sponsor must be adhered to by the winner).
6.8 Prizes must be claimed in person unless Avis Malaysia prescribes other mode of collection. Where Avis Malaysia elects to post a prize to a contest winner, no responsibility will be accepted by Avis Malaysia for the safe and effective postal delivery of the Prize.
6.9 In special situations, and subject to the absolute discretion of Avis Malaysia, a Contest winner may nominate a designated representative to collect a prize. The representative will be required to present written authorisation from the Contest winner and identification which includes a photograph for both the contest winner and his/her representative.
6.10 The winner is responsible for any and all taxes payable as a result of a Prize being awarded or received (if applicable).
6.11 In the event that the winner chooses not to accept a prize, the prize shall be forfeited and the Prize which will be dealt with according to the absolute discretion of Avis Malaysia.
6.12 All Prizes are accepted entirely at the risk of the contestant prizes and are awarded by Avis Malaysia and/or sponsors without any warranty of any kind express or implied. The winner shall execute a deed of release and indemnity in a form prescribed by Avis Malaysia, if so required, in order to receive the Prize.
6.13 The first prize winner will receive a total of 225,000 AIRASIA BIG Points, followed by 175,000 AIRASIA BIG Points for the second-place winner and 100,000 AIRASIA BIG Points for the third-place winner.
6.14 All participants must be registered and subscribed for AirAsia BIG membership under the loyalty and rewards program operated by BIGLIFE Sdn. Bhd. [formerly known as BIG Loyalty Sdn Bhd) (“BIG”) under the name “BIG Loyalty Program”] and have a unique registration number known as the “BIG Member ID” issued by BIG to receive the prizes.
6.15 Prizes will be credited the winner’s BIG Member account within 14 days from the contest prize winners announcement date.
6.16 Usage of prizes is subject to BIG Membership Terms and Conditions.
7. DECISION OF THE JUDGES
7.1 The lucky winner will be chosen from a random draw of entries received in accordance with these Terms and Conditions.
7.2 The Judges’ decision on all matters relating to the contest (including without limitation, the selection of contestants, play of the contest and/or any resolutions made) shall be final and absolute and binding on the contestants. No discussion, correspondence, enquiry, appeal or challenge in respect of any decision of Avis Malaysia will be entertained.
7.3 The contestant shall not dispute nor make any oral or written complaints, public announcements or statements on the same whether during or after the contest period.
8. PROMOTIONAL ACTIVITIES
8.1 Avis Malaysia and/or its affiliates reserves the right to send SMS messages or email notification to the contestant’s mobile phone numbers or email address containing information and promotional activities regarding any other Avis Malaysia promotions.
8.2 If a contestant does not wish to receive such SMS messages or email the contestant is required to call and inform Avis Malaysia accordingly.
9. GOVERNING LAW
9.1 The Terms and Conditions of the contest shall be construed, governed and interpreted in accordance with the laws of Malaysia
10.1 The Contestant shall treat all Terms and Conditions and rules and regulations of the contest and all information and knowledge obtained by the contestant in relation to and/or in connection with the Contest and/or derived as a result of his/her participation in the same, including without limitation Avis Malaysia’s business and operational details, the contest mechanics, the judging/selection criteria for the contest (hereafter collectively known as “Confidential Information”), as confidential and the contestant shall, during and after the Contest Period, take all reasonable precautions to prevent disclosures of the Confidential Information to unauthorized persons or entities for any reason whatsoever and undertakes to deliver to Avis Malaysia all tangible materials embodying the Confidential Information including any documentation, records, listings, notes, sketches, drawings, memoranda, models accounts, reference materials, samples and machines readable media and equipment that is in any way related to the Confidential Information including all duplicates and copies thereof.
11.1 The contestants forever waive, release and discharge Avis Malaysia, BIG, its agencies, sponsors and representatives from and against, any and all liabilities, costs, loss, damages or expenses which the Contestant or any party claiming through the contestant hereafter may have arising out of acceptance of any Prize(s) or participation in the contest including (but not limited to) personal injury and damage to property and whether or not direct, consequential or foreseeable.
11.2 The contestant shall indemnify Avis Malaysia, its affiliates, agent and sponsors from and against all liability, cost, loss or expenses suffered thereby as a result of the contestant’s breach of the Contestant’s warranties and undertakings and any breach of the Terms and Conditions and/or the rules and regulations of the contest.
12.1 All costs incurred by the contestant in relation to and/or with respect to the contest including without limitation postal charges or Internet Service Provider (ISP) charges (if applicable), all transport costs, communication charges, accommodation, meal costs and other related costs incurred by the contestant as a result of and/or pursuant to his/her participation in the contest shall be solely borne by the contestant. Avis Malaysia shall not be under any obligation to reimburse the contestant for any of such costs and expenses incurred thereof.
13. LIMITATION OF LIABILITY
13.1 The contestant acknowledges that his/her participation in the contest shall be at his/her own risks.
13.2 Avis Malaysia, BIG, its agents, sponsors, representatives, affiliates and their respective directors, officers and employees, agents and assigns shall not be liable to any Contestant in respect of any failure to win a prize in the contest, defective prizes or misuse of prizes or any other loss, damages, costs, expenses, claims, liabilities, injury, death, accidents suffered by the Contestant during the contest or arising out of or in connection with the contest, the participation by the contestant in the contest and/or the prizes awarded.
13.3 Avis Malaysia will not be responsible or liable for:
a) any problem, loss or damage of whatsoever nature suffered by the contestant or any party due to any delay and/or failure in receiving and sending a contest entry as a result of any network, communication, ISP or system error, interruption and/or failure experienced by Avis Malaysia or the contestant’s telecommunication service provider and/or resulting from participation or the downloading of any materials in the Contest. In the event of such error, interruption and/or failure, Avis Malaysia shall not be responsible or liable for any failure encountered by any contestant to participate in the Contest or any failure encountered by Avis Malaysia in fulfilling its obligations hereunder.
b) any error (including error in notification of 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 Avis Malaysia’s control.
14.1 Avis Malaysia, its agents, sponsors and representatives shall not be liable to perform any of their obligations in respect of the Contest and this Terms and Conditions, rules and regulations in respect of the Contest where they are unable to do so as a result of circumstances beyond its control and shall not be liable to compensate the Contestants in any manner whatsoever in such circumstances.
14.2 The Contestants shall not be entitled to assign any of the rights or sub-contract any of the obligations herein. Avis Malaysia 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 Avis Malaysia.
14.3 All rights and privileges herein granted to Avis Malaysia irrevocable and not subjected to rescission, restraint or injunction under any and all circumstances. Under no circumstances shall the Contestants have the right to injunctive relief or to restrain or otherwise interfere with the organization of the Contest, the production, distribution, exhibition and/or exploitation of the Contest and/or Programme and/or any product based on and/or derived from the Contest and/or Programme.
14.4 The invalidity, illegality or unenforceability of any terms hereunder shall not affect or impair the continuation in force of the remainder of the Terms and Conditions of the Contest.
14.5 The main language of the Terms and Conditions shall be the English language. Any translation to any other language than English shall be for convenience only. In the event of any inconsistency between this English language and any other languages, the English language version shall prevail and govern in all respects.