Avis Chinese New Year Guess & Win 2024 Contest
31st January 2024 - 6th February 2024
Terms & Conditions
1. INTRODUCTION
1.2. This Avis Chinese New Year Guess & Win 2024 (“Contest”) is organised by DRB-HICOM EZ-Drive Sdn Bhd (“Avis Malaysia”). This Contest is open to all Avis Malaysia’s clients who rent or lease a car with Avis Malaysia during the Contest Period subject to the Terms and Conditions stipulated herein.
1.3. Entries will only be accepted starting from 12:01pm, 31st January 2024 and ending on 6th February 2024, 11:59pm (“Contest Period”).
1.4. The contestants must adhere to the mechanisms of the Contest as specified in item #2 below.
2. SUBMISSION OF ENTRIES, ELIGIBILITY AND QUALIFYING CRITERIA
2.1 To qualify and/or be eligible to enter this Contest;
a) Contestants must be at least twenty-three (23) years of age.
b) Contestants must be a follower of Avis Malaysia Facebook and Instagram pages within the Contest Period, as mentioned in Item 1.3.
c) Contestants must possess a genuine social media account and must ‘LIKE’ or ‘FOLLOW’ Avis Malaysia’s social media pages (Facebook/Instagram/LinkedIn) as part of the entry process.
d) Contestants are encouraged to 'LIKE' and 'SHARE' the contest post, or share their thoughts and experiences by leaving a review on the Avis Malaysia Google Business or Facebook page.
e) Each entry must be deemed qualified if the above conditions are met for the eligibility to enter this Contest. Contestants may be asked to provide additional proof of their eligibility if requested by Avis Malaysia. Failure to provide such proof may lead to disqualification at the discretion of Avis Malaysia.
3. CONTEST ENTRY
3.1 The contestants are deemed to have read, understood, accepted and agreed to be bound by the Terms and Conditions of the Contest upon submission of an entry. Submission of an entry does not guarantee contestants the opportunity to participate in the Contest. Avis Malaysia reserves the right to disqualify, reject, and/or refuse participation to any contestant for reasons including, but not limited to, incomplete entries, or non-fulfilment and/or non-adherence to any provisions in these Terms and Conditions.
4. DISQUALIFICATION
4.1 Avis Malaysia, in its sole discretion, may disqualify any contestant and/or revoke the prize (at any stage of the Contest) if:
a) The contestant does not meet any of the eligibility & qualifying criteria as stated above;
b) The contestant breaches the Terms and Conditions, fails to adhere to contest rules and regulations, or violates any applicable laws or regulations; or
c) Avis Malaysia, in its sole determination, reasonably believes that the contestant has attempted to undermine the operation of the Contest through fraud, cheating or deception and/or any other similar actions, undesired events, or incidents.
4.2 In the event of a disqualification after the prize has been awarded, Avis Malaysia reserves the right to demand the return of the prize from the disqualified contestant.
4.3 While Avis Malaysia will endeavour to conduct necessary verifications on the eligibility of contestants, any failure to disqualify ineligible contestants shall not be deemed a breach by Avis Malaysia.
5. WARRANTIES
5.1 The contestants represent, warrant, and undertake with Avis Malaysia that:
a) By participating in this Contest, contestants agree to be bound by this Terms and Conditions and the decisions of Avis Malaysia.
b) The contestants have met all the eligibility criteria, possess the right, authority, and power to enter the Contest in accordance with the Terms and Conditions, and will provide proof of such whenever required by Avis Malaysia.
c) all the statements (if any and when required) made by the contestants to Avis Malaysia are true, accurate and complete.
5.2 In consideration of Avis Malaysia offering contestants the opportunity to participate in this Contest, the contestants hereby unconditionally and irrevocably:
a) Agree that if so required by Avis Malaysia, to have their photos taken for marketing, promotional, and publicity purposes.
b) Acknowledge that all prizes to be awarded in the Contest are contingent upon the accuracy of the information provided and disclosures made by the contestants, as well as the full and complete performance of the contestants’ warranties, undertakings, and obligations as outlined herein.
c) Commit to not, through act or omission, directly or indirectly bring Avis Malaysia or any sponsor into disrepute.
d) Agree not to publish or disclose any information in connection with the Contest or prize (including, but not limited to, any representatives of the official press or media) without prior consent from Avis Malaysia.
e) Understand and agree that the contestants shall not provide any product endorsements, participate in any interviews, or be involved in any articles or reports in respect of the Contest or the Prize with any third party.
f) Agree that the contestants’ participation in the Contest and/or Programme does not entitle the contestants to wages, a salary or any other compensation from Avis Malaysia.
6. RIGHTS OF THE ORGANISER
6.1 Avis Malaysia reserves the right to change, amend, delete or add to the Terms and
Conditions and other rules and regulations (including, but not limited to, those related to rental, participation, campaign dates, etc) of the Contest at any time and at its absolute discretion. Such changes can be made without any prior notice when deemed necessary for the best interest of the Campaign.
6.2 Avis Malaysia may terminate or suspend the Contest at its sole discretion at any time. In such cases, Avis Malaysia may decide not to award any prizes. Such termination or suspension will not result in any claim by the contestants. If Avis Malaysia opts to resume the Contest, contestants must comply with Avis Malaysia’s decision regarding the Contest’s resumption and the distributions of prizes.
6.3 In the event of campaign cancellation, postponement or extensions, whether intentional or due to unforeseen circumstances, decisions will be made at the sole discretion of the management of DRB-HICOM EZ-DRIVE SDN BHD, always keeping the best interest of the campaign and its participants/contestants in mind.
6.4 Avis Malaysia reserves the right to disqualify any entries that do not fulfil the requirements stated in items 2, 3 and 4 of these terms & conditions.
6.5 Avis Malaysia reserves the right to pursue legal action against any individual it believes has undertaken fraudulent activities or other activities which are deemed harmful to this Campaign, the Organiser and/or its partners, and/or the Contest submission process.
7. PRIZES
7.1 The prizes for the Contest will be specified on Avis Malaysia’s social media channels.
7.2 The lucky winners will be announced on Avis Malaysia’s social media channels and will be notified via email or phone. To be contacted regarding prizes, winners must ‘like’ or ‘follow’ Avis Malaysia’s social media channel. Winners will be notified no later than fourteen (14) days after the closing date of the Contest.
7.3 If a winner fails to respond to Avis Malaysia’s notification or does not collect their prize within fourteen (14) days, or is unable to comply with the Contest’s Terms and Conditions, Avis Malaysia reserves the right to disqualify that winner. Any prize not won or unclaimed in this Contest will be forfeited and will be deemed to have lapsed unconditionally and irrevocably.
7.4 The values of the prizes are accurate at the time of printing. All prizes are given on an “as-is” basis and are not exchangeable for cash, credit, other items or vouchers, either in part or in full.
7.5 Avis Malaysia does not guarantee the availability of non-cash prizes. Avis Malaysia reserves the right to replace or substitute such prizes with any other prize of similar value, as determined by Avis Malaysia, its agents or sponsors at its sole discretion, without prior notice.
7.6 All prizes are strictly not transferable, non-assignable, non-exchangeable, and non-redeemable in any other form or manner other than as specified by Avis Malaysia. The winners must adhere to any specific or special terms and conditions attached to the prize, whether set by Avis Malaysia, its agent or sponsors.
7.7 Prizes must be claimed in person unless Avis Malaysia specifies another mode of collection. If Avis Malaysia or the winner elects to post a prize, Avis Malaysia will not be responsible for the safe and timely delivery of the prize.
7.8 Under exceptional circumstances, and at the sole discretion of Avis Malaysia, a winner may nominate a representative to collect the prize on their behalf. The representative must present written authorisation from the winner and photo identification for both the winner and the representative.
7.9 The winner is responsible for any and all taxes incurred due to being awarded or receiving a prize (if applicable).
7.10 In the event that the winner chooses not to accept a prize, it will be forfeited and handled at Avis Malaysia’s sole discretion.
7.11 All prizes are accepted entirely at the risk of the contestant. Prizes are awarded by Avis Malaysia and/or its sponsors without any express or implied warranty. To receive a prize, winners may need to sign a release and indemnity form as specified by Avis Malaysia.
8. DECISION OF THE JUDGES
8.1 Winners will be selected through a random draw from entries received in accordance with these Terms and Conditions.
8.2 The Judges’ decision on all matters relating to the Contest (including, but not limited to, contestant selection, gameplay, and any resolutions) are final, absolute, and binding on all contestants. No discussions, correspondence, inquiries, appeals, or challenges regarding any decision of Avis Malaysia will be entertained.
Contestants shall not dispute or make any oral or written complaints, public announcements, or statements about these decisions, both during and after the Contest Period.
9. PROMOTIONAL ACTIVITIES & PRIVACY POLICY
9.1 Avis Malaysia and/or its affiliates reserves the right to send SMS/WhatsApp messages or emails notification to the contestants’ mobile phone numbers or email address, containing information and promotional activities regarding any other Avis Malaysia promotions.
9.2 If a contestant does not wish to receive such SMS/WhatsApp messages or emails, the contestant is required to inform Avis Malaysia. All personal information of contestants will be treated as Confidential Information (as defined below) in compliance with the Personal Data Protection Act (PDPA).
9.3 The Privacy Policy is included in these Terms & Conditions. By participating, contestants hereby give consent for Avis Malaysia to process their personal data in the manner and for the purposes described herein.
9.3 The Privacy Policy can be viewed at https://www.avis.com.my/Privacy-Policy.
10. GOVERNING LAW
10.1 The Terms and Conditions of the Contest will be construed, governed and interpreted in accordance with the laws of Malaysia.
11. CONFIDENTIALITY
11.1 The contestants must treat all Terms and Conditions of the Contest and all other information and knowledge they obtain in relation to and/or in connection with the Contest as confidential. This includes, but is not limited to, details about Avis Malaysia’s business operations, the mechanics of the Contest, and the judging/selection criteria (collectively referred to as "Confidential Information"). Contestants must prevent unauthorised disclosure of the Confidential Information both during and after the Contest Period. They are obligated to return to Avis Malaysia all tangible and intangible materials that embody the Confidential Information. This includes documentation, records, notes, sketches, drawings, memoranda, models, reference materials, samples, machine-readable media, and related equipment, as well as duplicates and copies. Intangible materials such as data, files, IP addresses, social media details, and the like are also included.
12. INDEMNITY
12.1 The contestants agree to waive, release, and discharge Avis Malaysia, its agencies, sponsors, and representatives from and against any and all liabilities, costs, losses, damages, or expenses which they or any party claiming through them may have arising out of their acceptance of any Prizes or participation in the contest. This includes, but is not limited to, personal injury, damage to property, and whether these are direct, consequential, or foreseeable. The contestants shall indemnify Avis Malaysia, its affiliates, agents, and sponsors against all liabilities, costs, losses, or expenses incurred as a result of the contestants' breach of their warranties and undertakings, as well as any breach of the Terms and Conditions and/or the rules and regulations of the Contest.
13. COSTS
13.1 All costs incurred by the contestants in relation to the Contest, including but not limited to postal charges, Internet Service Provider (ISP) charges (if applicable), transport costs, communication charges, accommodation, meals, and any other related expenses resulting from or in connection with their participation in the Contest, shall be borne solely by the contestants. Avis Malaysia is under no obligation to reimburse the contestants for any of these costs or expenses.
14. LIMITATION OF LIABILITY
14.1 The contestants acknowledge that their participation in the Contest is at their own risks.
14.2 Avis Malaysia, its agents, sponsors, representatives, affiliates and their respective directors, officers and employees, agents and assigns shall not be liable to any contestants for:
i) Failure to win a prize in the Contest
ii) Defects or misuse of prizes
iii) Any other loss, damages, costs, expenses, claims, liabilities, injuries, deaths, or accidents incurred during the Contest or arising from participation in the Contest, or from the prizes awarded.
14.3 Avis Malaysia will not be responsible or liable for:
i) Any problem, loss, or damage of any nature suffered by a contestant or any third party due to delays or failures in receiving or sending a Contest entry. This includes issues arising from network, communication, ISP, or system errors or interruptions experienced either by Avis Malaysia or by a contestant's telecommunication service provider. In the event of such errors or interruptions, Avis Malaysia is not liable for any inability of a contestant to participate in the Contest, nor for any failure on Avis Malaysia's part to fulfill its obligations under these Terms and Conditions.
ii) Any errors (including errors in notifying Contest winners), omissions, interruptions, deletions, defects, delays in operation or transmission, communication line failures, theft, destruction, unauthorised access to entries, or lost or delayed entries, whether caused by server functions, viruses, bugs, or other external factors outside Avis Malaysia's control.
15. GENERAL
15.1 Avis Malaysia, its agents, sponsors, and representatives shall not be held liable to fulfill any of their obligations pertaining to the Contest, these Terms and Conditions, or any associated rules and regulations if they are unable to do so due to circumstances beyond their control. They shall not be obligated to compensate the contestants in any way in such circumstances.
15.2 Contestants may not assign any of their rights or sub-contract any of their obligations under these terms. Avis Malaysia reserves the right to assign or sub-license all or any part of its rights under these terms to any third party, as determined at Avis Malaysia's discretion.
15.3 All rights and privileges granted to Avis Malaysia under these terms are irrevocable and not subject to rescission, restraint, or injunction under any circumstances. Contestants shall not have the right to seek injunctive relief or to restrain or otherwise interfere with the organisation of the Contest, its production, distribution, exhibition, or any products derived from the Contest.
15.4 Should any provision of these terms be found invalid, illegal, or unenforceable, it will not affect the validity of the remaining terms, which will remain in full force and effect.
15.5 The primary language of these Terms and Conditions is English. Any translations into other languages are for convenience only. In the event of inconsistencies between the English version and any translated versions, the English version shall prevail and govern in all respects.