1. This Digi x 99 Speedmart Promotion (“Promotion”) is organised by Digi Telecommunications Sdn. Bhd. (Company No. 199001009711 (201283-M)) (“Digi”) and 99 SPEED MART SDN BHD (519537-X) (“99 Speedmart”) (collectively referred to as “Organisers”) and is governed by these terms and conditions and any subsequent accompanying promotion details (if any) as provided by Digi and all applicable terms and conditions including the Data Protection Obligations as set out at http://digi.my/dataprotection together with Digi's Privacy Statement as set out at http://digi.my/privacystatement; all of which form an integral part of full terms and conditions of the said products and/or services (collectively, the "Terms and Conditions"). The Terms and Conditions are also accessible via Digi's website at http://www.digi.com.my. All Terms and Conditions and reference used herein shall be the same as the All General Terms and Conditions unless otherwise defined. Customer agrees that he/she has read and understood the Terms and Conditions by subscribing to this Promotion.
2. Promotion Period
2.1. This Promotion commences at 12:01 a.m. (Malaysian time) on 1st October 2021 and runs until 11:59 p.m. (Malaysian time) on 30th November 2021 (“Promotion Period”). Digi has the sole and absolute discretion to extend and/or vary the Promotion Period without prior notification.
3. Eligibility
3.1. Anyone who purchases Digi Prepaid NEXT sim pack in any 99 Speedmart outlet in Peninsular Malaysia is entitled for this promotion.
3.2. 99 Speedmart outlets in East Malaysia (Sabah & Sarawak) are excluded.
3.3. Each Customer agrees that he/she has read and understood the Terms and Conditions of this Promotion and by his or her purchases in this Promotion will bound by the Terms and Conditions stated herein
3.4. All personal details submitted must be accurate and complete and are subject to proof upon request by Digi.
3.5. Digi reserves the right, at any time, to terminate the number should it is categorized as fraud.
4. Promotion Mechanics
4.1. In order to be entitled for this Promotion, the Customer need to carry out the following steps and/or activations: -
4.1.1. To purchase Digi Prepaid NEXT Sim Pack in any 99 Speedmart outlet in Peninsular Malaysia and redemption can be made upon check-out at counter;
4.1.2. During the Promotion Period, Customer will be entitled to redeem one (1) 99 Speedmart RM5 cash voucher per receipt. No multiple redemption is allowed on a single receipt; and
4.1.3. Redemption is based on a First-come-First-Serve basis while stock last at each outlet.
5. By subscribing in this Promotion, each Customer agrees and consent to such details including without limitation to personal data/information being collected, processed and used by Digi and/or the Organisers for:-
a) the purposes of the Promotion;
b) marketing and promotional activities conducted in such manner as Digi and/or the Organisers see fit worldwide in any media including without limitation the Internet, without further express consent from, and payment or consideration to the relevant Customer. Marketing and promotion activities includes without limitation the use and/or publication of any details provided in and/or in connection to the entries, interviews material as well responses and related photographs. In this regard, each Customer agrees to co-operate and participate without further express consent and/or payment or consideration, in all reasonable advertising and publicity activities of Digi and/or the Organisers relating to the Promotion; and
c) other promotional, marketing and publicity notification/information including future promotional, marketing and publicity notification/information from Digi and/or the Organisers from time to time.
6. In addition, where any of the data/information especially personal data relating to any of the Customer is submitted to Digi and/or the Organisers in connection to this Promotion, each Customer and/or third party:-
a) warrants that he/she is in possession of all necessary consents and shall continue to maintain such consents as may be required for Digi’s and/or the Organisers’ usage and processing of such data/information; and
b) agrees that it shall has the responsibility to advise Digi and/or the Organisers in writing should there be any relevant change in the data/information provided to Digi and/or the Organisers which requires action on the part of Digi and/or the Organisers.
7. Each Customer agrees: -
a) to release and hold harmless the Organisers and/or Specified Persons against any and/or all losses, damages, rights, claims and actions of any kind in connection with the Promotion;
b) that the Organisers and/or Specified Persons shall not be liable for any losses, damages, rights, claims and actions of any kind (including without limitation loss of damage to property or any personal injury or loss of life, loss of income, profits or goodwill, direct or indirect, incidental, consequential, exemplary, punitive or special damages of any party including third parties) howsoever arising whether in contract, tort, negligence or otherwise, in connection with the Promotion, even if the Organisers has been advised of the possibility of such damages in advance; whether or not due to and /or arising from:-
i) telephone, electronic, hardware or software program, network, Internet, server or computer malfunctions, failures, interruptions, miscommunications or difficulties of any kind, whether human, mechanical or electrical, including, without limitation to, the incorrect or inaccurate capture of entry information online;
ii) late, lost, delayed, misdirected, incomplete, illegible or unintelligible e-mails;
iii) virus attacks and/or any other malicious software infection to the subscribers’ mobile phones arising from the downloading of these contents, any failed, incomplete, lost, garbled, jumbled, interrupted, unavailable or delayed electronic transmissions;
iv) any condition caused by events beyond the control of the Organisers including those due to any act of God, war, riot, strike, lockout, industrial action, fire, flood, drought, storm or any event beyond the reasonable control of Organisers ;
v) any printing or typographical errors in any materials associated with the Promotion; and
vi) any claims by third party for infringement of intellectual property rights.
Specified Persons means: Digi, and its employees, officers, directors, shareholders, parent companies, affiliates, subsidiaries, licensees; agents, representatives and contractors including contract advertising, promotion, and fulfilment agencies, and legal advisors and / or joint – organisers.
8. The Organisers: -
a) reserve the right, at any time, to vary, delete or add to any of the mechanics, the Promotion or the Terms and Conditions, and alter, cancel, terminate or suspend the Promotion and/or any part thereof without any prior notice;
b) for the avoidance of doubt, cancellation, termination or suspension by Digi of the Promotion shall not entitle the Customer to any claim or compensation against Digi for any and all loss or damage suffered or incurred by the Customer as a direct or indirect result of the act of cancellation, termination or suspension;
c) shall not be responsible or liable for any claims of loss or damage to property or any personal injury or loss of life resulting from or in connection with this Promotion;
d) shall not be liable for any loss or damage (including without limitation loss of income, profits or goodwill, direct or indirect, incidental, consequential, exemplary, punitive or special damages of any party including third parties) howsoever arising whether in contract, tort, negligence or otherwise, in connection with the Promotion, even if Digi has been advised of the possibility of such damages in advance, and all such damages are expressly excluded; and
e) shall not be liable for any default due to any act of God, war, riot, strike, lockout, industrial action, fire, flood, drought, storm or any event beyond the reasonable control of Digi.
9. To the fullest extent permitted by law, Digi and its respective parent companies, subsidiaries, affiliates, licensees, directors, officers, employees, agents, independent contractors and advertising/promotion agencies hereby expressly excludes and disclaims any representations, warranties, or endorsements, express or implied, written or oral, including but not limited to, any purpose of enjoyment of the Promotion.
10. By subscribing to this Promotion, each Customer agrees and irrevocably and unconditionally undertakes to fully absolve Digi of all liabilities and agrees to indemnify Digi (on full indemnity basis) and hold Digi harmless against any claim by any third party and against any loss, damage, cost or expense (including solicitors' fees and cost) that Digi may suffer or incur as a result of or in connection with the Promotion.
11. A failure by Digi to enforce any of these Terms and Conditions in any instance(s) will not give rise to any claim by any person.
12. The Terms and Conditions shall be governed and construed by the Laws of Malaysia and the parties shall submit to the exclusive jurisdiction of the Courts of Malaysia.
13. All other Terms and Conditions governing the use of any of Digi's mobile telecommunication services shall apply herein mutatis mutandis.