The organizer of the “100 DAYS 100 CARS” Promotion is Celcom Mobile Sdn Bhd (27910-A) with registered office at Level 42, North Wing, Menara TM 50672, Kuala Lumpur (hereinafter referred to as the “CELCOM or Organizer”).
Purpose
The Promotion is created in order to promote the Cars Gallery Service. This service consists of granting the participant access to a car collection book, where the participant can get information about cars as a result of sending text messages to 22222 at the standard tariff of a wallpaper from the Car Gallery category, that is 5 MYR + tax per received SMS MT. For every text message sent to 22222, the Participant may automatically gain access to one page of a car collection book, at www.100days100cars.com, each page containing characteristics and photos of a specific car. Each SMS shall grant him/her access to a different page of the car collection book.
Furthermore, subscribers that sent an SMS to the aforementioned number shall automatically participate to a SKILL TEST PROMOTION, whereby the subscribers shall acquire Participation Points by answering correctly by sms to that same number 22222 to quiz questions that shall result in prizes being granted to participating subscribers (“Participants”) either by selection or by accumulation of participations.
The participation in this Promotion implies that the Participants accept the provisions of these Terms & Conditions of Promotion “100 Days 100 Cars” (“Terms and Conditions”).
The duration of the Promotion
The duration of the Promotion is of 100 calendar days, beginning on June 2nd 2008 and ending on September 9th 2008.
Participants who send an answer to the short code 22222, within the period between June 2nd 2008 – September 9th 2008, will receive a billable MT SMS (“SMS Sent”) at the purchase tariff of the Service of RM5, accompanied with this specific text: “CELCOM: 100 DAYS 100 CARS PROMOTION (RM5)” under the provisions of these Terms & Conditions.
The Participants are granted participation points (Participation Points) only by answering correctly to the questions of the “Skill” Test Promotion.
Territory
The Promotion will take place in the territory of Malaysia.
This Promotion is open solely to CELCOM subscribers residing in the Territory.
The Promotion will not apply to Participants who are under roaming services in other countries.
Participation Right & Valid Entries
Participants must be active CELCOM subscribers registered (post-paid or pre-paid) and must be over 18 years in order to be entitled to participate in the Promotion.
If the subscriber is a company, the CELCOM account holder (the company) will be considered the winner of the prize, by default. In case the said account holder would like to give away the right to the prize, in favour of the user of the telephone line, through which the winning SMS was sent, he would have to sent to CELCOM, once the prize is announced, and within 7 days, all supporting documents of this decision to give away the prize, duly signed by those who have enough power to make such a transfer from the company to their employee or the user of the telephone line, accompanied by a copy of the document that grants that power to that person.
Valid entries are considered all correct answers sent by Participants to the short code 22222.
The employees of the Organizer and its holding companies and of Newsphone Hellas SA and its agent (SKNE Resources Sdn Bhd), as well as their spouses or relatives up to 2nd degree and any Subcontractor, cannot participate in the Promotion.
The Organizer reserves the right to reject any participation or Participants at its sole and absolute discretion without having to assign any reasons whatsoever.
Promo Definitions and Participation Points
(a) Entrance Point
The Participant who decides to participate has to send his/her first SMS Received (SMS Received) along with the word “CARS” to 22222.
For this 1st SMS Received that the Participant sent he/she is granted 10 Participation Points as an initial bonus (Initial Bonus) for his/ her participation to the Promotion, but he/she does not have the right to participate in the daily selection and weekly prize, unless he/she participates in the Promotion by sending a correct answer.
He/she will immediately receive an SMS Sent reply (SMS Sent Reply) asking his/her Name (First Name (Surname Optional)), in order to personalize any SMS Sent Reply, with additional important tips about the Promotion.
By sending his/her name, the Participant will be rewarded with 30 Participation Points as bonus, but still he/she does not have the right to participate in the daily selection and weekly prize, unless he/she participates in the Promotion by sending a correct answer.
(b) Refer a Friend
Any Participant can gain extra bonus Participation Points to the Promotion by sending with his/her 1st SMS Received, instead of the word “CARS”, the telephone number (Celcom Phone Number) of the Participant’s friend (Participant Friend) who is already a Participant.
If he/she does so, then the Participant and his/her Participant Friend will be both awarded with extra 500 points (Referral Bonus). However, neither the Participant nor the Participant Friend has the right to participate in the daily selection and/ or weekly prize, unless they participate in the Promotion by sending a correct answer.
(c) The Participation Mechanism
The Promotion Mechanism is fully based on Questions and Answers.
Participant may answer every question SMS Sent by sending an SMS Received with “1” or “2” as a Reply for the answer of his/ her choice. In case of any other reply option, Participant will receive a free SMS Received that will specifically explain the procedure of participating in the Promotion.
For every correct answer the Participants get “10 default” Participation Points.
For every wrong answer the Participants get “0” points.
The Participant is always informed about his/her Participation Points by the reply SMS.
The Organizer reserves the right, upon prior notice to Participants via SMS or any other means of communication, to grant more than ten (10) Participation Points (Additional Bonus) per each correct answer in order to celebrate actions or events that may take place at any time during the Promotion.
Example Cases: according to the time interval in which the text messages are sent to the short number 22222 and/or depending on the number of messages sent to the short number 22222; by inviting a friend, who sends you a text message at number 22222 with the Celcom Phone Number of the Participation.
Proof of SMS Received sent by the Participant does not denote that the SMS Received was received by the Organizer.
Prizes
The Prizes in this Promotion are 114 brand new cars of model TOYOTA Camry 2.0E, color blue. The face value of each such prize is: RM 141,109.00 on-the road (OTR) (inclusive of registration, road tax and insurance for one (1) year).
All fees and expenses associated with license plates, brokerage and registration of the cars in the name of the winner are included. The winner will be responsible for any outstanding summonses with relevant authorities.
The total prizes to be distributed on the basis of daily winner’s selection will be one (1) car per day and total of one hundred (100) cars of the type described above. The remaining fourteen (14) cars will be allocated on the basis of the highest number of Participation Points received, from the first entry of each Participant up to each of the 14 Sundays during the Promotion, as explained in the section “Winners Selection Procedure” of these Terms & Conditions.
The right to be awarded with the prizes is personal to the winners and may not be transferred or assigned to third parties. Prizes will not be changed or substituted by cash or other items. Prizes do not include any goods or services other than as stated in these Terms & Conditions.
Participants of the Promotion can only be winners of a single prize, either daily (Daily Winner) or weekly (Weekly Winner). However, even those Participants that are appointed as Daily or Weekly Winners may receive promotional SMS free of charge.
Winners’ Selection Procedure
a) Daily Selection & Daily Winner: From the first to the last day the Promotion, including Sundays, at the end of the day at 23:59:59 PM the system generates a list with all Participants (that have sent at least one correct answer to the short number 22222 during that same day, from and including 00:00:00 AM to and including 23:59:59 PM), in order to participate to that day’s “Winner Selection Procedure” (WSP) along with the points (participations) they have accumulated until 23:59:59. The Sorting of this list will be Points Descending and then the Date of first SMS Ascending. Then the system assigns the participation numbers for each Participant. The next step is for the system to calculate the Total number of points from all Participants that are eligible for the WSP of the day. After this, the participation numbers that are selected are the: 1/10, 2/10, 3/10, 4/10, 5/10, 6/10, 7/10, 8/10, 9/10 of the Total number of points of the WSP. Participants that have been assigned the above nine (9) participation numbers are those that continue to the next phase of the WSP.
The system simultaneously sends a predefined question, that must be answered by replying with A or B, to all nine (9) CELCOM PHONE Numbers which are selected as described above, that have to be answered correctly. If the same participant is holder of more than one (1) selected (as above) participation numbers he will receive the question only once. The first one to answer the question correctly is declared Daily Winner of one (1) car. Each one that answers correctly after the Daily Winner, is declared as winner substitute (Winner Substitute). Winner Substitutes have numbers 1 to 8 according of the time the replied correctly to the given question (e.g. Winner Substitute1, Winner Substitute2 etc). If for any reason the Participant that is declared Daily Winner cannot win the Prize (rejects the Prize or is unable to receive it, or is not qualified as a Participant, according to Terms and Conditions), promotion officers continue the selection with Winner Substitute starting from “Winner Substitute1” to “Winner Substitute8”. The answer sent by those 9 participants ONLY when the reply text is A or B, and it is within a time period of 12 hours, will be free of charge to the participant.
The Organizer must find the Winner within the period of 12 hours after the system sends the predefined question. In these 12 hour, the Winner must be declared qualified, informed and be submitted to the system.
b) Weekly Winner: Additionally, every Sunday until the end of the Promotion (14 Sundays altogether), the Participant that has accumulated the highest number of Participation Points from his/her first reply to the Promotion until that Sunday (23:59:59 PM on each of the 14 Sundays) will be the weekly winner (Weekly Winner) of a prize car. In the event that the Weekly Winner rejects the prize or is unable to receive it, or is not qualified as a Participant, six (6) substitute weekly winners (Weekly Winner Substitutes) will be determined every Sunday, based on the number of their Participation Points, ranked from the highest to the lowest number of entries, who (where applicable) will be named Weekly Winner in that order.
In the event that two or more Participants have the same sum of accumulated entries (in the case of the accumulated entry mechanism) the Weekly Winner, will be the holder of the CELCOM PHONE Number, who has entered first (in time order) in the electronic system which manages this Promotion.
Prerequisite for every Participant to enter the daily selection is: to send at least one correct answer during that day.
The entries of all Participants who participate in the Promotion everyday will be accumulated for the relevant daily selection. In case that a Participant does not sent a correct answer to 22222 on a specific day, he/she retains all his/her entries accumulated up to that day but shall not participate on that day’s selection.
Prerequisite for every Participant to be one of the Weekly Winners is: to send at least one correct answer during that week.
The entries of all Participants who participate in the Promotion everyday will be accumulated for the relevant weekly prize. In case that a Participant does not sent a correct answer to 22222 during that week, he/she retains all his/her entries accumulated up to that week but shall not participate on that weekly’s prize.
Entries are never lost during the Promotion. For example, if a person has twenty (20) valid entries on Monday (i.e sends two correct answers to 22222), he/she will participate with twenty (20) participations in Monday’s selection. If he/she has thirty (30) valid entries on Tuesday, he/she will participate with fifty (50) participations in Tuesday’s selection. If he/she has no valid entries on Wednesday, he/she will not participate in Wednesday’s selection, and if he/she has ten (10) valid entries on Thursday, he/she will participate with sixty (60) participations in Thursday’s selection (fifty (50) participations accumulated until Tuesday, plus ten (10) participations accumulated on Thursday). If he/she does not sent a correct answer to 22222 on Friday, Saturday and Sunday, he/she shall not participate on Friday’s, Saturday’s and Sunday’s selection. Accordingly, if he/she sends a correct answer to 22222 on the following Monday, i.e. has 10 valid entries, he/she shall participate with 70 participations (60 from the previous week and 10 from that Monday).
The Participants may be informed of their relevant Participation Points at any time on the www.100days100cars.com, in the section CELCOM Car Gallery and in the messages received as replies to the messages sent by means of the Service to the 22222 short number or Promotion’s Call Center 1111.
The Organizer reserves the right to appoint a third party to conduct the verification of the Promotion Winners and to fulfill the delivery of Prizes and the Promotion Winners agree that the Organizer may provide all necessary information of the Promotion Winners to such third party to facilitate such service.
The above Winners Selection Procedures are generic procedures. For selection of Daily Winners procedure in Malaysia, please click here.
Unsubscribe Procedure
Sending an SMS to the short number 22222 implies the acceptance of the Participant to receive promotional SMS (Promotional SMS) related to the Promotion. The Participant will be able to request, free of charge, at any time, to stop receiving text messages regarding the Promotion, by dialing the short number 1111 from the its Celcom Phone Number, or by sending the keyword "STOP/ STOP ALL/ BATAL/ BATAL SEMUA" to 22222.
After this request, sending a new SMS to the Promotion through the short number 22222 implies the acceptance of the Participant to receive again Promotional SMS.
Granting the Prizes
At the end of the day at 23:59:59 PM, the winners’ selection procedure simultaneously sends a predefined question, same to all Participants that have to answer correctly in order to be declared the Daily or Weekly Winner (as the case may be) of the Prize. The first one from the nine (9) Participants that will answer correctly the question and send it by SMS to 22222, will win the prize of the day (1 car).
The Organizer will then attempt to contact the Daily or Weekly Winner, by telephone, at the Daily or Weekly Winner’s Celcom Phone Number. In case it is not possible to get in touch directly with the Daily or Weekly Winner, the Daily or Weekly Winner will no longer be considered the Daily or Weekly Winner and the next substitute Daily or Weekly Winner (Substitute Daily or Weekly Winner) will be directly contacted. The same procedure will be followed with the Substitute Daily or Weekly Winner .
The Organizer does not take any responsibility in case the Daily or Weekly Winner does not answer the calls from the Organizer or is not within the network range, nor for any other situation in which the Organizer is not able to get in touch directly with the Daily or Weekly Winner within the period described in the previous paragraph.
During the telephone conversation, the Daily or Weekly Winner will be asked to provide detailed information (full name, address, personal numeric code from the identity card and the serial of the SIM card). The Daily or Weekly Winner agrees to his name and the prize granted to him/her to be made public as soon as these are communicated, although he/she understands that if he/she does successfully complete the bellow mentioned requirements he/she may not after all be the final winner.
At the same time, the Daily or Weekly Winner will receive information with regards to the places in which he/she can go in person in order for his identity papers, in original, to be verified and to sign a form for accepting the prize; a different location than the ones indicated by the Organizer will not be accepted. The Daily or Weekly Winner will go to the location indicated by the Organizer in maximum of seven (7) calendar days from the date on which it is communicated to him/her and will present the SIM card related to the Celcom Phone Number with which he/she participated in the Promotion, as well as all the documents required in order to verify the identity and come into possession of the prize (for all the Participants).
In case the Daily or Weekly Winner meets all the conditions necessary in order for him/her to receive the prize, according to the provisions of the hereby Terms & Conditions, all the details related to coming into possession of the Prize will be communicated to him/her.
If the Daily or Weekly Winner does not meet the participation requirements, is disqualified or is unable to show up for the verification of his/her identity or to collect the prize within the communicated terms (illness, force major or other events alike) or in the case of a written refusal of a winner to come into possession of the prize, the Organizer will grant the prize to the Substitute Daily or Weekly Winner, according to the granting procedure described in the hereby Terms & Conditions.
Failure by a Daily or Weekly Winner to meet the requirements established in these Terms and Conditions will automatically result in forfeiture of the relevant Prize. The Organizer shall not be liable and accordingly shall not assume any responsibility in the event that a Daily or Weekly Winner cannot be notified because he/she changes his address or contact details, and failed to notify the Organizer, or in case of providing incorrect contact details.
The granted Prizes cannot be replaced with other prizes and cannot be converted into cash either.
Conditions for Granting the Prizes
The prizes will be granted to the winners, within 30 days, at most, from the end of the Promotion, on condition that they cumulatively meet the following conditions:
The Daily or Weekly Winners were not declared disqualified, as a result of non-complying with the provisions of the Terms & Conditions.
It is possible to communicate with the Daily or Weekly Winners within the terms mentioned in the Terms & Conditions.
The Daily or Weekly Winner, within 7 days from the initial communication, shows proof of his/her identity, presents all the required documents and signs the Deed of Release and Indemnity for accepting the Prize.
The Daily or Weekly Winner, constituting a natural person, must be over 18 years of age.
The Daily or Weekly Winner must settle all charges and bills due to the Organizers prior to collecting the Prize failing which the Organizer shall forfeit the Prize and award to the Substitute Daily or Weekly Winner next in line.
The Daily or Weekly Winner, in whose name a contract exists, must present, in person, their identity card, in original, their SIM card, whose serial must coincide with the one communicated by the winner to the consultants of the Organizer Careline department.
The Daily or Weekly Winner must have a valid driving licence.
In the event the registration of Daily or Weekly Winner name cannot be done due to the blacklisting by the relevant authority, the Daily or Weekly Winner will automatically disqualify from winning the prize and the Organizer shall entitled to award the prize to the other Substitute Daily or Weekly Winner.
The Organizer’s decision is final and binding. No correspondence shall be entertained.
Prizes not claimed by winners or substitute winners shall be forfeited.
Liability
The Organizer does not take any responsibility in the case of an event that may prevent subscribers from participating in the Promotion, as a result of certain technical restrictions or other limitations specific or force majeure which include but not limited to regulatory events, government directive, act of God etc.
Notwithstanding the above, the Organizer reserves the right to cancel, modify, suspend or delay the Promotion in the event of unforeseen circumstances beyond its reasonable control.
The Organizer shall not be responsible for (i) personal injuries or damage to property suffered by Participants, winners, substitute winners or final winners as a result of or in connection with their participation in the Promotion and/or in connection with the use of the prizes, (ii) failure of the telephone network, or other technical restrictions and limitations specific to GSM services, for example: network busy, phone memory full, not using the SMS service correctly, dialing the incorrect number, other than the one assigned for the Promotion, exiting the network area, finishing the credit of the rechargeable SIM card, call barring or exceeding the credit limit for subscriptions etc., or cell phones used by Participants to enter the Promotion, or technical flaws and / or human error or intentional or negligent third party actions that may disrupt or alter the Promotion and (iii) for any delays in the delivery of the Prizes not imputable to the Organizer. The Organizer does not make any warranty in connection with the Prizes offered. Any and all claims to this respect should be made to manufacturers, importers and/ or sellers of such Prizes.
The Organizer may (i) replace the list of Prizes established in these Terms and Conditions with other prizes of similar or higher value; (ii) call off, suspend or modify this Promotion, without compensation rights (iii) modify the present Terms and Conditions without notice.
Confidentiality
The Organizer is bound not to use the data obtained from the Participants as a result of the Promotion, in other purposes than the ones necessary in order for the hereby Promotion to take place in conformity with the hereby Terms & Conditions, no other use being allowed.
The processed data will be the Celcom Phone Number of all the Participants, which are directly collected from the targeted persons. The Organizer reserves the right to use the names of the Participants declared as Winners in order to publicly announce their names, the city in which they are domiciled and the prizes won, in conformity with the legislation in force. The Organizer is bound to keep the confidentiality of the Participants’ personal data.
The Organizer informs the Participant with regards to the fact that the only consequence of refusing to provide the Celcom telephone number is not participating in this Promotion; providing this data is equivalent to participating in the Promotion and agreeing to all the conditions within the Terms & Conditions.
The Terms & Condition’s Publication
The Terms & Conditions, as well as the details of the”100 DAYS 100 CARS” Promotion are available, at www.celcom.com.my or www.100days100cars.com throughout the entire duration of the Promotion. The Participant can obtain additional details with regard to the total number of participations, prizes, award of prizes, other aspects related to the Promotion as well as in order to make suggestions or possible complaints, by calling, from his/her Celcom Careline number, free of charge, the number 1111, Monday to Sunday, 24 hours per day.
Advertisement
Grating a prize may be a public event. The Organiser reserves the right, at its sole and absolute discretion, and the Participant agrees that the Organiser may use the names, photographs, voice or video recordings and entries of the Participants and/or the Winners without first obtaining any consent nor making any payment whatsoever to the Participant or the Daily or Weekly Winner for publicity, advertising, trade or promotion purposes in any media
Contestations and Litigations
Any contestation related to the Promotion will be in writing, within 5 days from the date on which the contested event occurred.
The possible litigation occurring between the Organizer and the Participants in the Promotion will be resolved amicably or, in case this is not possible, the litigations will be resolved by the authorized courts in Malaysia.
Intellectual Property Rights
All photographs, personal information and names submitted in the Promotion, service marks, logos, trade names, trade marks rights are the property of the Organizer.
