EN VIDEO CONTEST TERMS AND CONDITIONS

  1. Introduction
    1. MEASAT Broadcast Network Systems Sdn. Bhd. (hereafter known as the "Organizer") is organizing a video clip Contest (hereafter known as the "Contest") as a television Program (hereafter known as the "En Video") which the organizer intends but does not undertake to broadcast on the Vaanavil Channel.
    2. The Contest is open to all Malaysian of 18 years and above (as of 1st January 2008) who possess a Malaysian Identity Card
      To participate in the Contest, each participant (hereafter known as a "Contestant") shall be required to submit a Video Clip (hereafter known as the "Video Clip") comprising interesting moments and incidents recorded by them. Participants are entitled to submit as many Video Clips as they wish.
    3. Each Video Clip shall be between 20 seconds and maximum of 2 minutes in duration. . Each Video Clip must be original and the Contestant shall be solely responsible for ensuring that the content of the Video Clip does not infringe any law and/or is not offensive or derogatory of any third party.
    4. The Contestant shall obtain all necessary permissions and clearances for the Contestan's incorporation of any third party material including any literary, dramatic, musical, artistic, film, sound recording, or any third party's voice, appearance, name, likeness or performances in the Video Clip.
    5. Each Video Clip must be free of any and all liens, encumbrances and/or claims of third parties and the Contestant shall obtain all necessary clearances or permissions to enable the Organizer to exploit the Video Clip in the Program and/or to promote and publicize the Contest or the Program in all manner and media now known or hereafter devised.
    6. Video Clip must be sent to Organizer via the following 2 methods

      - Register and upload to www.astro.com.my/envideo or
      - Mail the video clip in Mpeg, WMA or WMV format in CD or DVD. The CD or DVD must be attached together with the signed Registration Form. Complete entries must be send to:

    En Video Contest (Vaanavil),
    262A, Jalan Bandar 12,
    Taman Melawati,
    53100 Kuala Lumpur
  2. Contest Special Terms
    1. This Contest consists of Preliminary Rounds and a Final Round.
    2. There a six (6) Preliminary Rounds (hereafter known as the "Preliminary Rounds"), which will be broadcast in the Program over a twelve (12) week period. There will be one (1) Final Round (hereafter known as the "Finals") which will be broadcast in the Program over a two (2) week period.
    3. In each Preliminary Round, the Organizer shall select the 10 best video clips which will be posted on www.astro.com.my/envideo webpage and broadcast in the Program. Viewers will be invited to send in SMS votes to determine the winner of each Preliminary Round (hereafter called a "Finalist"). The winner shall be the Contestant who receives the highest number of SMS votes
    4. In the Final Round, each Finalist shall be required to submit one (1) new Video Clip each ("Final Video Clip ").Each Final Video Clip shall be of a minimum duration of three (3) minutes and a maximum duration of four (4) minutes. The Final Video Clips will be posted on www.astro.com.my/envideo webpage and broadcast in the Program. Viewers will be invited to send in SMS votes to determine the winner of the Final Round. The winner of the Final Round shall be the Finalist who receives the highest number of SMS votes
    5. The Organizer shall award three (3) prizes (First, Second and Third prizes) to the three Final Video Clips that receive the highest SMS votes
    6. This Contest shall be governed by the Contest Special Terms and the General Terms and Conditions, which shall collectively be referred to as the Contest Terms and Conditions.

      GENERAL CONTEST TERMS AND CONDITIONS

  3. Introduction

    4. 3.1 These general contest rules ("Rules") shall be binding on all persons ("Contestant") entering into the Contest.

    3.2 The Organiser reserves the right to amend the Rules at any time at its sole and absolute discretion.

    3.3 Special terms and conditions ("Special Terms and Conditions") may apply to a particular Contest which Special Terms and Conditions shall be set out therein and shall be read as part and parcel of these Rules. In the event of inconsistency between the special terms and conditions and these Rules, the Special Terms and Conditions shall prevail to the extent of such inconsistency.

    3.4 Entry and participation in any Contest shall be deemed an unconditional acceptance by a Contestant of all Rules. The Contestant agrees to co-operate with and comply with all reasonable requests of the Organiser in connection with the Contest and its broadcast.

    3.5 All decisions of the Organiser in any matter under these Rules shall be final and no discussion or correspondence will be entertained.

    3.6 A failure by the Organiser to enforce any of these General Contest Rules in any instance(s) will not give rise to any claim by any person.

    3.7 The Organiser may terminate any Contest at any time at its absolute discretion. In the event of such termination, the Organiser may at its absolute discretion elect not to award any prize ("Prize") in respect of the terminated Contest.

  4. Eligibility
    Unless otherwise specified in the Special Terms and Conditions, individuals who enter into a Contest:-

    4.1 must be a citizen of Malaysia;

    4.2 may enter a Contest once only and multiple entries shall be disqualified;

    4.3   (a) must be over 18 years of age to enter into any Contest; OR
            (b) in the event that the participant is under the age of 18 years old, their parent/guardian may at the absolute discretion of the Organiser be required to sign an indemnity in the form required by the Organiser as a precondition to their child's entitlement to the prize(s).

    4.4 The Contestant acknowledges and agrees that the Organiser reserves the right to disqualify a participant/winner in the event that the Organiser learns of his/her ineligibility after awarding the prize to him/her. In such event, the Organiser reserves the right to demand for the return of the prize(s) or payment of its value from the ineligible person/parent/guardian.

  5. Ineligibility
    A Contestant is ineligible to enter and/or win a contest if the Contestant:

    6. 5.1 is an employee of the Organiser, ASTRO ALL ASIA NETWORKS plc, MEASAT Broadcast Network Systems Sdn. Bhd. and its subsidiaries and affiliates, sponsors, agencies, dealers, retailers, or any company associated with a particular Contest or an immediate family member of such person;

  6. Warranties
    The Contestant represents and warrants to the Organiser that the Contestant:-

    6.1 has the right, authority and power to enter into the Contest in accordance with Rules, and shall provide such proof as the Organiser requires;

    6.2 has the right, authority and power to grant the rights set out in the Rules and have obtained all necessary consents and permission in respect of the same; and

    6.3 does not have any criminal convictions or records and has not undertaken any conduct which may bring the Organiser, or its sponsors into disrepute.

  7. Reputation

    8. 7.1 The Contestant understands and acknowledges that the interest and good reputation of the Organiser is of paramount importance. The Organiser reserves its right to withdraw a Contestant from the Contest, or to withdraw the Prize if it believes the Contestant is in breach of its obligations and/or warranties under the Rules.

    7.2 The Contestant shall not by act or omission, directly or indirectly bring the Organiser into disrepute.

  8. Special Terms for Various Types of Contest

    9. 8.1 The Special Terms set out in Schedule 1 shall apply to the various types of Contests.

  9. Prizes

      10. 9.1 Claims

      9.1.1 All Prizes must be collected within one (1) month from the date of notification ("Collection Period"). Winners are solely responsible for the collection of their Prize, and the Organiser shall not be obliged to give notice of the Prize collection date line. Prizes which have not been claimed within the Collection Period shall be forfeited by the Organiser and the Organiser, its agents, sponsors and representatives shall have no liability to the Winner in any respect whatsoever.

      9.1.2 Prizes must be claimed in person unless the Organiser advises otherwise. Identification which includes a photograph will be required (examples include identification card/drivers licence/passport which displays a photograph of the Winner). Where the Organiser elects to post a Prize to a Winner no responsibility will be accepted by the Organiser for the safe and effective postal delivery of the Prize.

      9.1.3 In special situations, and subject to the absolute discretion of the Organiser, a Winner may nominate a designated representative to collect a Prize. The representative will be required to present written authorisation from the Winner and identification which includes a photograph for both the Winner and their representative.

      9.1.4 In the event that a Winner chooses not to accept a Prize, they forfeit any and all claims to that Prize, which will be dealt with according to the absolute discretion of the Organiser.

      9.2 Transfer and utilisation of Prizes

      9.2.1 Prizes are non transferable, and where applicable, must be used on the dates specified and may not be redeemed for cash or other alternatives.

      9.2.2 All Prizes are accepted entirely at the risk of the Winner, and the Organiser excludes all warranties in connection with any Prize to the extent permitted by law.

      9.2.3 If a specified Prize becomes unavailable, the Organiser may substitute a replacement Prize at its absolute discretion.

      9.3 Limitation of liability

      9.3.1 The Organiser, its agencies, sponsors and representatives shall not be responsible for defective Prizes or misuse of any Prize, or for any claims, liability, loss or damage arising out of or in connection with any Contest promoted by the Organiser.  

      9.3.2 All Contestants release from, and indemnify the Organiser, its agencies, sponsors and representatives against, all liability, cost, loss or expense arising out of acceptance of any Prize(s) or participation in any Contest including (but not limited to) personal injury and damage to property and whether direct or consequential, foreseeable, due to some negligent act or omission or otherwise.

      9.3.3 Winners are responsible for any and all taxes payable as a result of a Prize being awarded or received.

      9.3.4 The Winner(s) of any Prize(s) may at the absolute discretion of the Organiser be required to execute a deed of release and indemnity in a form prescribed by the Organiser in order to receive the Prize.

      9.4 Travel Prizes

      9.4.1 Prizes must be taken in accordance with the dates and destinations and number of passengers specified by the Organiser. There will be no cash alternative. There will be no alternative destination.

      9.4.2 Prizes of holidays ("Holiday Prizes") are non-transferable. Holiday Prizes are subject to availability. Winners must hold a valid passport with at least six (6) months further duration (or competition entry will be invalid).

      9.4.3 Any travel under Holiday Prizes by minors shall be in accordance with the terms and conditions of the respective carrier.

      9.4.4 In the event of unforeseen circumstances or circumstances outside the Organiser's reasonable control the Organiser reserves the right to offer an alternative Prize of equal value. No cash will be offered.

      9.4.5 All Holiday Prizes must be taken within the time period specified by the Organiser, its agencies, sponsors and representatives or will be deemed invalid.

      9.4.6 Winners shall comply with the terms and limitations of any insurance policy relating to the Holiday Prize.

      9.4.7 Winners shall comply with the terms and conditions of the airline and other transportation and venues involved in the Contest or the Holiday Prize. In particular, the Contestant shall comply with all health and safety guidelines and instructions and all applicable legal and regulatory requirements.

      9.4.8 Winners are not entitled nor authorised in any way to commit the Organiser, its agencies, sponsors and representatives to any contract, expense or cost entered into or incurred. No variation of these Terms is effective unless approved by an authorised representative of the Organiser in writing.

      9.4.9 Passport control and in-country authorities will reserve the right to refuse entry. If the Winner of a Holiday Prize is refused passage and or entry/exit to or from the country being visited, any additional costs incurred will be at the sole cost and responsibility of the Winner.

      9.4.10 Any flights, other transport, airport details, accommodation or other aspects of the Holiday Prize, dates and times quoted by the Organiser, its agencies, sponsors or representatives are for guidance only and are subject to change without notice with no liability arising. Winners must have sufficient financial resources to meet any financial commitment which they may incur in connection with the Holiday Prize beyond those included in the Holiday Prize itself (including, without limitation, transfers to and from any Malaysian airport specified in the Holiday Prize, meals and drinks).

      9.4.11 Winners must comply with and are responsible for attending to any inoculation and health regulations required for their destination.

      9.4.12 It shall be the responsibility of winners to obtain the necessary visa and other travel documents at their sole cost and expense. No compensation whatsoever will be given should the winner fail to obtain such documents, regardless of the circumstances.

      9.4.13 Unless otherwise specified, the class of travel for any Holiday Prize incorporating an airfare is economy class.

      9.5 Ticket give-aways
      In the case of Prizes in the form of free tickets:

      (a) Winner of such tickets shall be bound by the event promoter's terms and conditions together with those set out on the ticket and the rules and regulations of the venue; and

      (b) may be required to collect the free tickets at a venue which shall be notified to the winner by the Organiser.

  10. Publicity

      11. 10.1 Contestants may be required by the Organiser to participate in interviews, photo, video and/or film sessions and acknowledge that the Organiser has the right to use such interviews, publicity photos, videos and/or films in any medium and in any reasonable manner it sees fit, without payment of any compensation whatsoever.

      10.2 Contest entries and material ("Materials") submitted in connection with any Contest (whether in written, audio, electronic or visual form, or a combination of those) or any photographs, video and/or film footage and/or audio recording taken of Contestants become the property of the Organiser which may use the material in any medium and in any reasonable manner it sees fit. Copyright in the Materials shall vest absolutely in the Organiser.

      10.3 The Organiser may incorporate information from Contestants in any data base for use in the ordinary course of its business.

      10.4 The Contestant shall not without the specific prior written consent of the Organiser publish or disclose any information in connection with the Contest or the Prize (without limitation to representatives of media in whatsoever form). The Contestant shall not be entitled to give interviews or be involved in articles or reports in respect of the Contest or the Prize with any third party.

      10.5 The Contestant hereby grant and assign to the Organiser the entire copyright and other intellectual property rights in the Contest and its involvement in the Contest in all media and technology.

  11. Limitation of liability and indemnity

      12. 11.1 The Organiser, its agencies, sponsors and representatives shall not liable in any way for any costs, expenses, damages, liability or injury arising out of or in any way connected with the Contest or Prizes other than those costs and expenses specifically provided for in the Prize (if any).

      11.2 The Organiser, its agencies, sponsors and representatives accepts no liability (and excludes all liability) for any loss of profit, business, contracts, revenues or anticipated savings or for special, direct, indirect or consequential loss of any nature howsoever arising.

      11.3 The Organiser, its agencies, sponsors and representatives shall not be liable to perform any of their obligations under the Contest or in respect of the Prizes where they are unable to do so as a result of circumstances beyond their control and shall not be liable to compensate the Winner in such circumstances.

      11.4 The Winner acknowledges and agrees that it undertake the Contest at its own risk and agree to indemnify the Organiser, its agencies, sponsors and representatives against all costs, losses, damages, expenses and liabilities (including for loss of reputation and goodwill and professional advisors fees) and any claim arising from the Winner's own actions in any way in connection with the Contest, the Prize or a breach of the Winner of its obligations hereunder.

  12. General

      13. 12.1 The Contestant is obliged to take all reasonable steps to ensure the safety standards and the general appropriateness of activities undertaken during the Contest and acknowledges that all activities are undertaken at its own risk.

      12.2 The Organiser reserves the right to forfeit the Contestant's place on the Contest or the Prize (without liability or compensation) if, in its opinion, the Contestant may expose the Contestant's self or others to risk of illness or injury or to the cancellation, disruption, or curtailment of the Contest.

      12.3 These Rules shall be governed by and construed in accordance with the laws of Malaysia.

      12.4 Except as specifically set out herein, all conditions, warranties and representations expressed or implied by law are excluded. For the avoidance of doubt, no information of any nature about the Contest or the Prize or any of these Rules should be relied upon unless confirmed in writing by the Organiser. The invalidity, illegality, or unenforceability of the whole or part of the Rules does not affect or impair the continuation in force of the remainder of the Rules.

      12.5 The Organizer reserves the right to change, amend, delete or add to these Contest Terms and Conditions without prior notice at any time and the Contestants shall be bound to such changes.

       

      SCHEDULE 1 :

      SPECIAL TERMS

A. Fax and Mail Contests
  1. Incomplete and illegible entries for Contests shall be void.

  2. A copy of these Rules must be signed and endorsed by a Contestant who wins a Contest ("Winner") upon request by the Organiser.

  3. The Organiser does not accept responsibility for fax and mail entries lost, damaged, misdirected or delayed in transit to the Organiser, nor will the Organiser be liable for any malfunction of computer equipment, fax machine equipment or fax machine telephone lines.

B. Telephone Contests

  1. No liability is assumed by the Organiser for faulty, mistranscribed, misdirected/misdialled telephone communication or technical difficulties experienced by callers throughout the call-in portion of a Contest.

  2. If in the course of a Contest:-

    3. (a) a telephone line breaks up or drops out; or

    (b) there is a dispute arising out of the use of telephone lines in a Contest (including situations where multiple telephone lines are used); or

    (c) two telephone lines are crossed during a phone in Contest;

    the Organiser may in its absolute discretion disqualify the relevant caller or callers, and shall not be responsible for awarding a Prize to the relevant caller or callers, and may award the Prize to another person according to its absolute discretion.

  3. In the event that more than one voice is heard on the phone line, the qualifying Contestant or Winner will be the first person to speak. If the judge(s) is not able to determine which caller was first, a random drawing will be held to determine the Winner.

  4. Any entries which are found to have used telephone switching or programming equipment shall be disqualified.

  5. In telephone Contests, "cues to call" are effective only when heard on on-air radio broadcast, and internet streaming shall not be valid as there may be delays in audio transmission or errors on the internet.

C. Internet Contests

All entries via the internet are sent at the risk of the Contestant and in the event there are technical difficulties experienced arising out of the internet or from any associated equipment or internet security is compromised, the Organiser may at its absolute discretion disqualify the entire entry and shall not accept any liability doing so.

D. Mobile Phone Contest

  1. Participation in any Mobile Phone Contest is open to Contestants who are also subscribers of the following mobile phone operators with Short Messaging System ("SMS") and/or Multimedia Messaging System ("MMS") services:

    2. - Maxis prepaid and postpaid services;
    - DiGi prepaid and postpaid services; and
    - Celcom prepaid and postpaid services.

  2. The Contestants shall only be permitted to participate in the Contest via the use of their mobile phones. The use of personal computer(s), personal digital assistant(s) or any other device for the Contest is strictly prohibited and shall result in the Contestant being automatically disqualified from the Contest.

  3. To participate in the Contest, the Contestant may be required to register his/her full name as per NRIC and send the SMS to the designated SMS registration number (e.g. 32555). Full name registration is required only once and shall not be changed. The Contestant need only to register once under each mobile phone number.

  4. Each SMS and/or MMS sent by the Contestant will be subjected to a premium charge. This premium charge is in addition to the standard SMS and/or MMS fee charged by the Contestant's mobile phone operator.

  5. The Organiser shall not be responsible or liable for any problem, loss or damage of whatsoever nature suffered by any party due to any delay and/or failure in receiving and sending an SMS and/or MMS 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 Organiser 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 Organiser shall not be responsible or liable for any failure by any Contestant to participate in the Contest at any time.

  6. The Organiser shall not be responsible for any error, 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.

  7. Where applicable, Contestants must obtain consent from the bill payers before participating in the Contest. Payment shall be made irrespective of whether such charges were authorised by the bill payer. For the purposes herein the term "bill payer" shall mean the individual, company or entity specified in the registration or subscription form whose application for the relevant service has been approved and accepted by the service provider.

  8. The Organiser and/or its affiliates reserve the right to send SMS and/or MMS messages to the Contestants mobile phone numbers containing information and promotional activities regarding any other Astro promotions.

  9. If a Contestant does not wish to receive such SMS and/or MMS messages the Contestant is required to call and inform the Organiser accordingly by calling Astro's call centre at 1 300-82-3838.

  10. All Contestants shall be required to adhere to the Contest Terms and Conditions and the Astro Website Terms of Use and Notices including any changes made thereto. The Organiser reserves the right to forfeit the prize(s) in the event any of the Contest Terms and Conditions and/or the Astro Website Terms of Use and Notices are not adhered to.

  11. The Organiser will not be responsible or liable for:
        • 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 as a result of any network, communication or system error, interruption and/or failure experienced by the participating telecommunication service provider and/or by the Organiser 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 Organiser shall not be responsible or liable for any failure by any Contestant to participate in the Contest at any time.
        • any problem, damage or loss of whatsoever nature to any Contestant, or their authorized representatives resulting from their participation in the Contest.
        • 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.