Betterbrighter.my

TNB – FORMULA E Terms and Conditions
Introduction
The ‘#TNBFE2015' Contest ("The Contest") is in line with Tenaga Nasional Berhad's ("TNB") commitment
in promoting sustainable efforts amongst Malaysians. It is also to celebrate the annual Formula E event
happening on 7 November 2015, in which TNB is the main event sponsor.
The Contestant (as defined herein) acknowledges and agrees that the Contestant's participation in the
Contest is subject to these terms and conditions ("Terms and Conditions"). The Contestant acknowledges
that the Contestant has read and fully understood these Terms and Conditions.
1. Eligibility
1.1 This Contest is applicable to Malaysian citizens above the age of eighteen (18) residing in Malaysia ("Contestant"). 1.2 For the avoidance of doubt, this Contest shall not be applicable to TNB employees (including its related corporation) and their immediate family members. 2. Contest Period 2.1 The Contest shall commence on Saturday, 24 October (10 am) – Friday, 30 October 2015 (10 pm) ("Contest Period"). Any extension thereof shall be subject to TNB's sole discretion TNB – FORMULA E 3. Contest Mechanics 3.1 To participate in the Contest, the Contestants shall be required to: (i) submit a photo and / or a video that captures Contestants' doing an environmentally-friendly act (ii) submit entries via Instagram (iii) Make sure you tag @tenaga_nasional, #TNBFE2015 and include a caption (iv) follow @Tenaga_nasional on Instagram to get updates (v) ensure that the Contestant's Instagram account is available for public viewing. 3.2 The Contestant shall be required to submit the Photo or Video which meet the following requirements: (i) the Photo or Video must be the Contestant's original work and no part or component thereof (including the background music used in the Video (if any) is copied from any other work or material; (ii) the Photo or Video and any part thereof shall not at any time infringe or violate any laws or any third party's rights including but not limited to privacy rights, intellectual property rights, copyright, moral rights, trade marks or business name; (iii) the Photo or Video any part thereof has never been displayed or published in all forms of media, including but not limited to the internet, radio, video, television broadcast and has never been used or submitted in connection with any contest held in or outside Malaysia; (iv) the Contestant has not granted or assigned any rights of any nature in the Photo or Video (or any part thereof) to any third party whatsoever in any part of the world (including but not limited to using the entry to participate in any other competitions and/or for other commercial purposes); (v) the Photo or Video shall be suitable for display and publication, in all forms of media, including but not limited to the internet, radio, video, television broadcast; (vi) the Photo or Video shall not contain or suggest any obscene, nude or indecent elements, including but not limited to pornography or profanity, nor contain any offensive or defamatory statements including but not limited to words or symbols that might be considered offensive to individuals of any race, ethnicity, religion, sexual orientation or socioeconomic group, nor include threats to any person, place, business or group; (vii) the Contestant must have the permission to use the audio and visuals of everyone featured in the Photo or Video in any and all media without compensation; (viii) incomplete, damaged, illegible or corrupted entries will be automatically disqualified. TNB shall not be responsible for any lost, late, incomplete, damaged, illegible or misdirected submissions of the Photo or Video; (ix) the Photo or Video does not contain any content that could be considered deceptive, misleading, false, fraudulent, scandalous, indecent, obscene, sexually explicit, defamatory, libelous, threatening, harassing, hateful, degrading, intimidating, graphically violent or otherwise unlawful, tortious or objectionable; (x) the Photo or Video does not depict, encourage, promote or induce conduct that could violate any law or give rise to criminal or civil liability, or that could be considered risky, violent, discriminatory or otherwise inappropriate; (xi) the Photo or Video do not advertise or promote alcohol, tobacco, firearms, gambling or feminine hygiene products; TNB – FORMULA E (xii) the Photo or Video do not contain any confidential information, or any material, non-public information about any company; (xiii) the Photo or Video do not contain any gang signs or symbols; and (xiv) the Photo or Video do not contain any unlawful, obscene, scandalous or inappropriate picture, gesture, statement or language or material of any kind. 4.1 To participate, submissions of Photo or Video have to be done via Instagram 5. Selection of Winners 5.1 TNB shall at its sole discretion select individuals for the Contest ("Winners"). 6.1 Subject to Clause 5.1 above, TNB shall select the following winners ("Winners") who shall be entitled to receive the following prizes ("Prize"): 6.2 Prizes:  2x Paddock Executive Suite tickets + garage tour (an opportunity to see the Formula E cars team at work) ** Garage Tour session will be from 9.25 am – 9.45 am  2x Grandstand Premier tickets + autograph session  2x Grandstand Premier tickets + autograph session ** Autograph session will be from 11.50 am – 12.10 pm  2x Grandstand Premier tickets  2x Grandstand Premier tickets  2x Grandstand Premier tickets Consolation prize  2x Grandstand Perdana tickets  2x Grandstand Perdana tickets  2x Grandstand Perdana tickets  2x Grandstand Perdana tickets  2x Grandstand Perdana tickets 6.3 In case of any dispute on the winners' selection and/or the prizes, the Organiser reserves the right to make the final decision. TNB reserves the right to substitute and replace any of the Prizes with another prize of equal value or higher value as TNB deems fit. All Prizes are non-transferable and not exchangeable for cash, credit or kind, in part or in full. 6.4 The Organiser is entitled to change the specification of the Prize. 6.5 TNB shall notify the Winners of their entitlement to receive the Prize via an announcement post on TNB's own Instagram (Tenaga_nasional) 6.6 TNB reserves the right to use any other method or medium as it deems fit at its sole and absolute discretion for the purpose of notifying the Winners. TNB – FORMULA E 6.7 Winners are to redeem their prizes on the first day of the event day. Below are the details of prizes collection  Collection date: Saturday, 7 November 2015 (first day of Formula E)  Venue: TNB ticket collection booth, Putrajaya ePrix  Time: 8:30 am – 10:30 am 6.8 There will not be any substitute for the prizes if Winners do not collect it on the date mentioned. Winners are allowed to bring one more guests. Winners are not allowed to transfer the tickets to another person 6.9 Each Contestant shall be entitled to win two (2) tickets under this Contest. 7. The eligible winners will be required to show their original identity card (IC) and original submissions (Photo or Video) upon prize collection 8. Grant of Rights 8.1 the Contestant grants to TNB and its successors, licensee and assigns, the irrevocable right (including present assignment of future copyright) the entire the copyright and all other rights of whatsoever nature in and to the Photo or Video to the Contest such that TNB shall be entitled to use and exploit and license others to use and exploit such contribution by all means and in all media and formats whether now known or hereafter invented throughout the universe for the full period of copyright including any extensions and renewals thereto and thereafter insofar as is possible in perpetuity. 8.2 In addition to Clause 6.1, upon submission of the Photo or Video for the Contest, the Contestant hereby grants to TNB the right to: (i) post, stream, upload the Photo or Video or otherwise on any website; (ii) submit the Photo or Video for inclusion in events which may or may not charge fees for entry tickets; (iii) include the Photo or Video, or any part thereof, as part of any media (physical, electronic or otherwise) which may or may not be sold by TNB, or a third party; (iv) edit or modify the Photo or Video at any time in any way at its sole discretion, including but not limited to broadcasting the Photo or Video in different formats, mobile devices, television, cinema, festivals or other reasons as the TNB sees fit; (v) earn advertising, sponsorship and other forms of revenue from the Photo or Video on TNB's website and other websites, may be displayed and not limited to before or after the Photo or Video plays and superimposed over the Photo or Video; (vi) use the names and/or photographs of the Contestant as material for the purposes of advertising and publicity and the Contestant shall not entitled to claim ownership or other forms of compensation on the materials. The Contestant may also be required to give comments for press releases, photographs, video, media interviews, radio and television appearances and at any announcement event(s); and (vii) freely assign the Photo or Video and all other rights in the Contestant's contribution in the Photo or Video to and participation in the Contest to any third party. TNB – FORMULA E 9. Representation and Warranties 9.1 The Contestant agrees that the except as expressly mentioned herein, TNB shall not be responsible for any expenses and cost including out-of-pocket expenses related to or as a consequence of the Contestant's participation in this Contest including but not limited any taxes, third party costs, charges and expenses. 9.2 The Contestant hereby acknowledge that the Contestant is not under any obligation to post and/or publish the Photo or Video as part of the Contest or include the Contestant in any other version thereof at the TNB's sole discretion. 9.3 The Contestant agrees to follow all of TNB's rules, directions and instructions in all matters relating to the Contest, which rules, directions and instructions are subject to change at TNB's sole discretion. The Contestant shall accept any and all decisions of TNB on discretionary matters (including but not limited to the audition process and contestant selection) as final and acknowledge that the interests of the Contest shall override those of any contestant. The Contestant acknowledges that TNB reserves the right, exercisable at any time in its sole discretion, to disqualify the Contestant from the Contest should the Contestant at any stage supply untruthful, inaccurate or misleading personal information, fail to abide by the rules or regulations of the Contest, or for any other reason or for no reason at all. 9.4 The Contestant warrants that the Contestant is free to enter into these Terms and Conditions and hereby agree to indemnify the TNB in respect of all actions, proceedings, claims, damages and other liabilities which may be brought against or incurred by TNB as a result of the breach of any of my warranties, representations, obligations or undertakings contained in these Terms and Conditions. The Contestant agrees that in the event of any breach of these Terms and Conditions by TNB, the Contestant shall not be entitled to enjoin and/or injunct the Contest and any legal remedy that the Contestant may have shall lie in an action at law for damages only. 9.5 The Contestant hereby warrants that the Contestant shall not in any media throughout the universe (including without limitation on any website or other online media) make any statements about nor actively publicize nor discuss with any third party without TNB's prior written consent. 9.6 The Contestant agrees that the Contestant's contribution in the Contest shall not contain anything which is an infringement of copyright or which is calculated to bring TNB into disrepute or breach of contract or duty of confidence or which is defamatory or in contempt of court. 9.7 The Contestant consents to waive all of the Contestant's rights under the Malaysia Copyright Act 1987 and any amendment or re-enactment thereof ("the Copyright Law") and under all similar laws in any part of the world that may create rights in the Contestant or any other third party's appearance in the Photo on the Contest to enable TNB to make fullest use of the Photo without restriction. TNB – FORMULA E 10. Liability and Indemnity 10.1 The Contestant hereby release, discharge, and hold harmless TNB, its assignees, licensees, agents, and affiliates, and each of its related companies, subsidiaries and/or affiliated companies, the officers, directors, employees, agents and representatives of each of the foregoing (collectively, the "Released Parties"), from any and all liability or claims arising out of or in any way resulting from the Contestant's participation in the Contest and the use or reuse of the Photo or Video, the Contestant's biographical information and the Contestant agree not to make any claim against TNB or the Released Parties as a result of the Contestant's participation in the Contest and in connection with any use or reuse of the Photo or Video, the Contestant's biographical information (including, without limitation, any claim based upon defamation or invasion of privacy and/or publicity). In addition, the Contestant agrees to indemnify TNB and the other Released Parties and to hold each of them harmless from any and all liability, claim, action, damage, expense (including reasonable solicitors fees), and loss of any kind caused by or arising out of these Terms and Conditions, any statement, action or failure to act by the Contestant during or in connection with my participation in the Contest. In no event shall the Contestant have any right to injunctive or other equitable relief against any of the Released Parties in connection with the Contest. 10.2 The Contestant agrees to defend, indemnify and hold harmless TNB and each of the other Released Parties from any and all liability, claim, action, damage, expense, and loss of any kind (including attorney's fees) caused by or arising out of use of any of the rights granted by the Contestant herein; the Contestant's breach or alleged breach of any provision of these Terms and Conditions, action or failure to act by the Contestant during or in connection with the Contestant's participation in the Contest; and/or the Contestant's violation of any law, rule or regulation. 10.3 TNB shall not be liable for any claim by the Contestant or third-party claims or loses of any nature, including but not limited to, loss of profits, punitive, indirect, special, incidental, or consequential damages or for other damages and any related claims of any nature, including direct, indirect, third party, consequential or other damages resulting from or in connection with this Contest. 10.4 TNB disclaims any liability for loss or damage to property or any personal injury or loss of life resulting from or in connection with this Contest. 10.5 Notwithstanding the foregoing, the Contestant agrees that TNB's entire liability in contract, tort (including negligence or breach or statutory duty) or otherwise to the TNB (except for death or personal injury caused by TNB's negligence), shall not at any time exceed the sum of RM500.00. 11. Confidentiality 11.1 The Contestant agrees not to disclose or discuss events related to the Contest, the Contestant's involvement in the Contest, or any information regarding the Contest or anything else that the Contestant has learned in connection with the Contestant's participation, or authorize any third party to do the same, without TNB's prior written approval, which may or may not be granted at TNB's sole discretion; provided however, that with respect to matters in the public domain, disclosure of such matters to professional advisors and disclosure of such matters required by law are hereby excluded from such confidentiality obligation set forth hereunder. 11.2 The Contestant shall not directly or indirectly issue or permit the issuance of any publicity whatsoever with respect to the Contest or the Contestant's appearance in connection therewith without TNB's prior written approval, which approval TNB may grant or withhold in their sole discretion. TNB – FORMULA E 11.3 The Contestant recognizes that proof of damages suffered by TNB in the event that the Contestant's breach any of the provisions of this Clause 10 will be costly, difficult or inconvenient. Accordingly, in addition to TNB's entitlement to obtain injunctive relief in the event of the Contestant's breach, the Contestant agrees to pay to TNB the sum of Ringgit Malaysia Fifty Thousand (RM50,000.000) only per breach as liquidated ascertained damages in the event that the Contestant breach any of the provisions of this Clause 7. 12. Personal Information 12.1 The Contestant hereby consents that the information collected by TNB from the Contestant ("Personal Information") will be used and/or disclosed in accordance to TNB's privacy notice as posted on TNB's website at http://www.tnb.com.my/ ("Privacy Notice') and Personal Data Protection Act 2010. The Contestant is advised to read the Privacy Notice to understand the Contestant's rights with regards to the Contestant's Personal Information 12.2 The Contestant warrants that all Personal Information given in the application either in this form or otherwise is truthful, accurate and in no way misleading. The Contestant undertakes to inform the TNB immediately if any such information becomes inaccurate. 13. TNB's Rights 13.1 TNB reserves the right to make any alteration or changes to Contest or any part thereof without prior notice and TNB shall not be liable for any loss or inconvenience to the Contestant resulting therefrom. 13.2 TNB reserves the sole and absolute right to withdraw, amend, omit and/or vary any part or the whole of the Terms and Conditions of this Contest without prior notice to the Contestant herein stated and the Contestant shall be bound to observe, perform and comply with the terms and conditions herein and any amendments thereof. 13.3 TNB may extract any details or Personal Information or any other data from the Contestant which is required to be used as evidence in court and/or when necessary. 14. Force Majeure 14.1 TNB does not take any responsibility in the event that the Contestant is prevented from participating in the Contest, as a result of certain technical restrictions or other limitations specific or force majeure which including but not limited to regulatory and/or government directive, act of God etc. 15. Severability and Effect of these Terms and Conditions 15.1 If any of the provision of these Terms and Conditions should be invalid, illegal or unenforceable under any applicable law, the legality and enforceability of the remaining provisions shall not be affected or impaired in any way and such invalid, illegal or unenforceable provision shall be deemed deleted. TNB – FORMULA E 16. Governing Law 16.1 These Terms and Conditions shall be governed and construed in accordance with the laws of Malaysia and parties agree to submit to the exclusive jurisdiction of Malaysian courts. 17.1 Any notice, correspondence and/or other documents to be given by TNB to the Contestant shall be in writing and sent to the Contestant at the address on the registration form or to the Contestant's last known address, as the case may be 17.2 Any notice, correspondence, and/or other documents to be given by the Contestant to TNB under these Terms and Conditions must be in writing and sent to the following address: [insert address] or such address as notified in writing by TNB to the Contestant. 17.3 Any notice, correspondence, and/or other documents given by TNB to the Contestant pursuant to this clause shall be deemed to have been served if:- (i) sent by registered post, on the second working day after the date of posting irrespective of whether it is returned undelivered; (ii) sent by ordinary post, on the fifth working day after the date of posting irrespective of whether it is returned undelivered; (iii) hand delivered, upon delivery; or (iv) sent by facsimile, upon successful completion of transmission as evidence by a transmission report and provided that notice shall in addition thereon be sent by post to the other party. 18.1 The Contestant shall not assign or novate any or part of the Contestant's rights or obligations under these Terms and Conditions to any party, without TNB's prior written consent. 18.2 TNB may assign or novate all or part of these Terms and Conditions to any third party by notice to the Contestant without the Contestant's prior consent. 19. Indulgence and Waiver 19.1 Any failure by TNB to enforce any terms herein, or any forbearance, delay or indulgence granted by TNB to the Constant shall not be construed as waiver of TNB's rights provided under this Terms and Conditions. 20. Suspension and Termination 20.1 TNB shall be entitled at its absolute discretion to immediately suspend/terminate the Contestant's participation in the Contest, without liability, at any time, without any notice and may not be required to give any reason whatsoever. 21. Miscellaneous 21.1 No rule of construction or interpretation shall apply to prejudice the interest of the party preparing these Terms and Conditions. 21.2 These Terms and Conditions constitutes the entire agreement between the parties concerning the subject matter herein and supersedes all previous agreements, understanding, proposals, representations and warranties relating to that subject matter. TNB – FORMULA E 21.3 Those clauses which by their nature would survive the termination of these Terms and Conditions shall so survive. 21.4 Time wherever referred to in these Terms and Conditions shall be of the essence. 21.5 These Terms and Conditions shall be binding on and shall inure for the benefit of each party's permitted assigns, successors in title, personal representatives, executors and administrators. 21.6 Governing Law and Jurisdiction - These Terms and Conditions are governed by and construed in accordance with the laws of Malaysia, and the Contestant hereby submit to the non-exclusive jurisdiction of the Malaysian courts 21.7 Representations – The Contestant acknowledges and agrees that in entering into the Terms and Conditions, the Contestant did not rely on, and shall have no remedy in respect of, any statement, representation, warranty or understanding (whether negligently or innocently made) of any person (whether party to the Terms and Conditions or not) other than as expressly set out in the Terms and Conditions as a warranty. Nothing in this Clause shall, however, operate to limit or exclude any liability for fraud.

Source: https://betterbrighter.my/globalAssets/pdf/Formula_E-TnC.pdf