GENERAL
TERMS & CONDITIONS
The following General Terms and
Conditions are applicable to the games, products and Services supplied via
Short Messaging Services and Mass Call Services (hereinafter to be referred to
as Services) by Horizon Multimedia Sdn Bhd, or enterprises
affiliated to it, (hereinafter to be referred to as the “Company”), which are
presented and displayed by the television
show (hereinafter to be referred to
as TV Show) and or featured in a print
media and or via mobile services
as well as internet websites unless agreed otherwise in writing.
All those guidelines, rules,
promotional conditions and provisions will be considered to form an
inextricable part of these General Terms and Conditions. By availing yourself
of the Services of the “Company” you agree to these General Terms and
Conditions and the guidelines, rules, promotional conditions and provisions
applicable to them.
1. Description
of The “Company”
By means of
SMS Services (SMS = Short Message Services) and Mass Call Services, hereinafter
to be referred to as the Services, which are presented and displayed by the TV Show and or featured in a print media and or via mobile service, the “Company” supplies
its users access to product and or services and subscription Services presented
and displayed by the TV Show and or
featured in a print media and or via
mobile services as well as internet
websites. The General Terms and Conditions are at all times applicable to all
new facilities that constitute any expansion, extension or improvement of the
present Services, including any extension to new functions added by the “Company”..
2. Eligibility
and Contest Period
2.1 The Contest is open to subscribers of the following fixed line
and / or mobile phone operators with Short Messaging System ("SMS")
services ("Participants"):
§
MAXIS
§
DIGI
§
TELEKOM
§
CELOM
§
U-MOBILE
2.2 Employees
of The “Company” and its subsidiaries and affiliates,
dealers and their immediate family members are not eligible to participate in
this Contest.
2.3 The Participant shall be permitted to participate in the
Contest via the use of their mobile phones and / or fixed line.
2.4 Persons below 18 years
of age are required to get the Parents or Guardian's consent to participate in
this Contest.
3. Participation
3.1 The participant may participate
as many entries as he/she wishes during the contest period.
3.2 Participant may repeat his/her
participation in the game at his/her discretion without any restrictions. The participation may be repeated even in the
same game or in the same part of the game show.
3.3 All questions (where applicable) are chosen by the show director and the questions are being prepared by our team of expert advisors.
3.4 The “Company” reserves the right to
reject any entry at its sole and absolute discretion without having to assign
any reasons whatsoever.
3.5 All Contest entries must be submitted in
English or Bahasa Malaysia or any other languages or
medium required or authorize. Contest entries in any other languages or medium not
authorize will be rejected by the “Company”.
4. Charges
4.1 Where applicable, upon submission of each
entry which is by dialing the dedicated number (for fixed line participants)
and by Short Messaging System ("SMS") services (for mobile phone participant).
the SMS Services and Mass Call Services and the use of it, you pay amounts
corresponding to the applicable rates of the “Company” of the amount will be
listed on the telephone bill you receive from the operator of your telephone
network or in the case of the SMS Services, can also be deducted from the
balance of your pre-paid card or shown in your monthly statement.
4.2 The Participant will be subject to a
premium of which the value shall be screened or published in the program (where
applicable).
4.3 The payment conditions of any third party
are applicable to invoices issued by that third party. You pay the “Company”
all national and local or other taxes (excluding taxes based on the “Company’s”
net profit), including but not restricted to GST, which taxes are based on the
costs due for the use of the Services, regardless of whether those taxes are
levied either now or in the future by, national or local authorities or by any
other body or bodies authorized to levy taxes.
5. Winners
5.1 Contest winners will be notified by
contacting on their fixed line number (for fixed line participant) and or
mobile phone number (for mobile phone participant) of which shall be the number
used by the Participant upon participation.
5.2 The “Company” reserves the right to use
any other method or medium as The “Company” deems fit at its sole and absolute
discretion for the purpose of announcing the winner.
5.3 Upon request, winner will be required to
give details of contact number, I.C No. and any other details deemed necessary
and relevant by The “Company” upon receiving the request/notification from The “Company”.
5.4 The “Company” reserves the right to forfeit prizes for any \winner
who does not provide the required details upon
receiving the request/notification from The “Company”.
5.5 The “Company” reserves the right to appoint a third party to
conduct the verification of Contest winners and to fulfill the delivery of
prizes and Participants agree that The “Company” may provide all necessary
information of Contest winners to such third party to facilitate such service.
6. Prize Collection
6.1 The “Company” reserves the right to change the prizes without
any prior notification.
6.2 Non-cash
prize are not redeemable for cash.
6.3 All spending money and other expenses (including
transportation, meals or personal expenses, etc.) as the case may be, unless
specifically stated, are the sole responsibility of the Contest winner.
6.4 Prizes
are non-transferable.
6.5 The “Company” reserves the right to request written proof or
residency and of age of any Contest winner before the prize is dispatched or
collected.
6.6 Not applicable to cash prizes, The “Company” makes no
warranties or representations whatsoever with respect to the prize and shall
not be responsible nor liable for any problems and/or damage thereto or arising
there from.
6.7 Prizes must be claimed in person (where applicable) unless The
“Company” authorize otherwise. Identification which includes a photograph will
be required (examples include identification card/drivers license/passport
which displays a photograph of the Contest winner).
6.8 Where The “Company” elects to post a
prize to a Contest winner no responsibility will be accepted by The “Company” for
the safe and effective postal delivery of the prize.
6.9 Subject to the absolute discretion of The “Company” a winner
may nominate a designated representative to collect a prize. The representative
will be required to present written authorization from the Contest winner and
identification which includes a photograph for both the Contest winner and
their representative.
6.10 In the event that a winner chooses not to accept a prize,
within the time limit indicated by The “Company”, The “Company” shall forfeit
any and all claims to that prize, which will be dealt with according to the
absolute discretion of The “Company”.
6.11 A winner of any prize(s) may at the absolute discretion of The “Company”
be required to execute a deed of release and indemnity in a form prescribed by
The “Company” in order to receive the prize.
6.12 All prizes are accepted entirely at the risk of the Contest
winner, and The “Company” excludes all warranties in connection with any prize
to the extent permitted by law. Winner shall comply with the terms and
conditions of each prize.
6.13 ALL
prizes and/or the value of prizes will be announced by the host within the
contest program. The Host, upon the instruction of the program director has the
discretion to increasingly change the amount anytime as the program director
deems fit and appropriate.
6.14 Any changes of the prize and/or the value
of the prize is always immediately presented by the Host of the show as well as
on the TV screen (for Television contest)
6.15
The Host, upon
the instruction of the program director has the discretion to increasingly
change the prize and/or the value of the prize anytime as the program director
deems fit and appropriate.
6.16
Prizes (if
applicable) are subject to tax in compliance with applicable Laws of Malaysia.
6.17
Prizes after
the tax deduction (if applicable) shall be delivered by The “Company” to winner
within 3 months, start from the date of the participant is declared as
the winner.
7. Prize Giving Ceremony
7.1 In the event The “Company” has a prize
giving ceremony, the winner is required to attend at his/her own cost and
expense to collect the prize. In the event the Contest winner is not able to
attend the prize giving ceremony, the winner must nominate a representative to
be present at the prize giving ceremony to accept the prize on his/her behalf.
8. Proof of Receipt
8.1 Proof of call (for fixed line participant)
and Short Messaging System ("SMS") services sent by a Participant
does not denote proof that the SMS was received by The “Company”.
9. Publicity
9.1 The “Company” reserves the right, at its
sole and absolute discretion, to use the information in any manner whatsoever
including nicknames, names, photographs, voice or video recordings and entries
of the Contest winner(s) and/or representatives without first obtaining any consent
nor making any payment whatsoever to the Contest winner(s) and/or
representatives for publicity, advertising, trade or promotion purposes in any
media The “Company” reserves the right to the creation and the use of a
database created with the personal particulars.
10. Adherence to Contest Terms &
Condition
10.1 All Participants shall be required to
adhere to the Contest Terms and Conditions and The “Company”
Website Use and Access Agreement including any changes made thereto.
10.2 The “Company” reserves the right to
forfeit the prize(s) in the event any of the Contest Terms and Conditions
and/or The “Company”
Website Use and Access Agreement are not adhered to.
10.3 In the event that participant could not
gain access to the website, the terms and conditions of the contest shall be
requested through our customer service. The “Company” shall not be liable for
any claims or damages arising form the ignorance of the terms and condition of
the contest by the participants.
10.4 The “Company” reserves the right to
change, amend, delete or add to these Contest Terms and Conditions without
prior notice at any time and the Participants shall be bound to such changes.
10.5 By his/her participation, the participant
accepts to be bound by these Terms and Condition.
11. Liability
11.1 The
“Company” will not be responsible or liable for:
11.1.1 any problem, loss or damage of
whatsoever nature suffered by any party due to any delay and/or failure in
receiving and sending a SMS/MMS and or any delay and/or failure in receiving
and sending a fixed line call as a result of any network, communication or
system error, interruption and/or failure experienced by the participating
mobile phone operators and/or by The “Company” and/or resulting from
participation or the downloading of any materials in the Contest. In the event
of such error, interruption and/or failure, The “Company” shall not be
responsible or liable for any failure by any Participant to participate in the
Contest at any time.
11.1.2 any problem,
damage or loss of whatsoever nature to any Participant, or their authorised representatives resulting from their
participation in the Contest.
11.1.3 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 its control.
12. Disqualification
12.1 The “Company” reserves the right at its
sole discretion to disqualify any individual that it determines to be tampering
with the entry process or the operation of the Contest, to be acting in breach
or potential breach of these Contest Terms and Conditions and/or the “Company” Website
Use and Access Agreement. No correspondence shall be entertained.
12.2 The “Company” further reserves the right
to cancel, modify, suspend or delay the Contest in the event of unforeseen
circumstances beyond its reasonable control.
13. Suspension
13.1 The “Company” further reserves the right
to cancel, modify, suspend or delay the Contest in the event of unforeseen
circumstances beyond its reasonable control.
14.
Indemnification
14.1 You undertake to indemnify the “Company”
and its subsidiaries,
affiliated
enterprises, functionaries, representatives or other partners, hosts and
employees against any demands or claims by yourself and/or third parties,
including all reasonable costs incurred for legal assistance, which demands or
claims arise from or are the consequence of use of the Services and any
information you have sent or offered via the Services as a result of your
connection with the Services, your use of the Services, or any violation
committed by you of the General Terms and Conditions or rights of others.
15.
Alterations to the services
The “Company” may at any time alter or terminate the Services, or any part of
it, either temporarily or permanently. You concur that the “Company” is not
liable in respect either of any third party or you as a user in the event that
the Services is altered, terminated or suspended.
16.
Termination
At its own discretion and regardless of the reasons for doing so, the “Company”
may terminate use of the Services by you and destroy and remove Information
within the Services if the “Company” is of the opinion that you have not
observed the General Terms and Conditions, or you have acted contrary to
General Terms and Conditions, or for any other reasons. You agree that the “Company”
may erase or deactivate your account and all information connected with it as
well as any lists or files contained by it without delay, and/or deny you all
further access to the Services. In pursuance of the stipulations of these
General Terms and Conditions, the “Company” may also terminate your access to
the Services without issuing prior notice.
17.
Privacy Policy
The “Company” respects your privacy in your use of our Services. We see to it
that your personal information is always handled with care. Your information is
included in the “Company”'s Users' Records. At the
time of registration we enter your essential information in the “Company”'s Personal Registration System. This is the information
you are required to supply in order to have access to the use of the Services
and to receive prizes, and includes your telephone number (fixed and/or
mobile). Your personal information will not be disclosed or passed on to others
unless you yourself request us to do so in any specific case.
Your acceptance of this General terms & Conditions
By using the Services of the “Company” you agree with
this Privacy Policy and the General Terms and Conditions. If you disagree with
this, do not make use of our Services. We reserve the right at any moment to
change, modify, extend or limit this Privacy Policy and the General Terms and
Conditions. We therefore advise you to read these pages regularly.
18. Supervision and Customer Care for
Interactive Television show
18.1 The
course of the game is being supervised by the program director who is also present in the studio during the live
broadcasting. The program director is
appointed by The “Company”. and is responsible for
his/her actions to The “Company” .
18.2 The
program director is expected to monitor and takes record on each game. The record briefly describes the course of
the game including the questions presented to the participants and the correct
answers as well as the order of callers relevant for participation in the game.
18.3 A
special committee shall discuss, decide and come-up with a results/findings to
the participant in writing within 14 days
after the delivery of the complaint supported by relevant documents (if
any). The participant shall be
appropriately compensated provided that the committee comes to the conclusion
that the complaint is unfounded. The
decision of the committee is final.
18.4 The
Rules, Terms and Conditions of participations and the names of the winner shall
be reflected on www.calltv.com. The
names of the winner shall also be announced and reflected on the TV screen ( where applicable) of that respective contest.
18.5 Any
television station of which the contest is broadcasted and The “Company” reserves
the right to change or modify these Rules.
Any changes or modifications shall be notified on the website. The date from which the respective change or
modification will become effective shall be mentioned in the notification.
18.6 Complaints
regarding any contest produced by The “Company” in which participated by a participant,
shall be in a written letter and must be
delivered to the registered address of The “Company” or other address otherwise
stated by The “Company” not later than within 14 days from the date of the game
in which he/she participated.
18.7 Any queries or comments on the contest
shall be forwarded to;
Customer
Service
Horizon Multimedia Sdn Bhd
5.13, 5th Floor, Wisma
BU8
No. 11, Lebuh Bandar Utama
Bandar Utama, 47800 Petaling
Jaya,
Selangor Darul Ehsan
Kuala Lumpur,Malaysia
Tel : 
(+60-3) 7710 2881
Fax : (+60-3) 7729 8688