Cuckoo Cash Hunt Contest TERMS & CONDITIONS

 

1.INTRODUCTION

1.1. The Cuckoo Cash Hunt Contest (“Contest”) is subject to the terms and conditions herein contained (“Terms and Conditions”).

1.2. The Contest is organized by Cuckoo International (MAL) SdnBhd (Company No. 1102894-H). (“Organiser”). Apple is not a sponsor or involved in the Contest in any manner.

1.3. The prizes of the Contest are consisting of Weekly Prize and Grand Prize (collectively known as “Prizes”) as set out in Paragraph 9.

1.4. The Contest will be held during the Contest Period as set out in Paragraph 5. The Organiser reserves the right to vary, postpone or re-schedule the dates of the Contest and/or extend the Contest Period at its sole discretion.

1.5. The Eligibility of the Contest is as set out in Paragraph 2. Whoever satisfies the eligibility of the Contest shall be able to participate as contestant of the Contest (“Contestants”). 

1.6. The brief mechanism of the Contest is set out in Paragraph 6, 7 and 8. The Contestants must adhere to the mechanism of the Contest as set by the Organiser from time to time during the Contest Period.

1.7. The Organiser reserves the right to change, amend, delete and/or add to the Terms and Conditions any other rules and regulations including the mechanism of the Contest at any time at its absolute discretion.

1.8. The Organiser may terminate or suspend the Contest at any time at its absolute discretion. Such termination or suspension will not give rise to any claim by the Contestants. If the Contest is resumed by the Organiser, the Contestants shall abide by the Terms and Conditions subject toany otherterms and conditions as set by the Organiser.

 

2.ELIGIBILITY

2.1. The Contest is open to all Malaysian citizens aged 18 years and above at the time of participating in the Contest.

2.2. The Contestants may be required to submit further proof of their eligibility within such timeframe as may be required by the Organiser failing which the Organiser shall be entitled to disqualify the Contestants.

2.3. The employees of the Organiser and the immediate family members of such persons are ineligible to participate in the Contest.

 

3.DISQUALIFICATION

3.1. The Organiser reserves the right to disqualify any Contestants and/or to revoke any Prizes (at any stage of the Contest) if:-

3.1.1. the Contestantsdoes not meet any of the Eligibility criteria;

3.1.2. the Contestants breaches any of the Terms and Conditions or other rules and regulations of  the Contest and/or violates any applicable laws or regulations; and/or

3.1.3. in the Organiser’s sole determination, it believes that the Contestants has attempted to undermine the operation of the Contest by fraud, cheating or deception.

3.2. In the event of a disqualification after the Prizes has been awarded, the Organiser reserves the right to demand for the return of the Prizes or payment of its value from the disqualified and/or ineligible Contestants.

 

4.WARRANTIES

4.1. The Contestants represents and warrants with the Organiser that:-

4.1.1. The Contestants has met all the eligibility criteria and has the right, authority and power to enter into the Contest in accordance with the Terms and Conditions and shall provide such proof as the Organiser requires;

4.1.2. All the statements (if any and if so required) made by the Contestants to the Organiser are true, correct, accurate and complete.

4.2. In consideration of the Organiser offering to the Contestants the opportunity to participate in a Contest, the Contestants hereby unconditionally and irrevocably:

4.2.1. agree that if so required by the Organiser, the Contestants shall make himself/herself available (without any payment) for the production, recording and publicity of the Contest during the such time and production schedule as may be notified by the Organiser:-

  1. interview (which shall be recorded); and/or
  2. taking of still photos, audio and/or visual recording for promotions and publicity use(collectively “Recording”).;

4.2.2. agree that where Contestants are required to submit any photographs, drawings, pictures, slogans, any materials or other creative works (collectively known as “Intellectual Property”) in order to participate in the Contest, the Contestants warrant that the rights to the Intellectual Propertyin such submission do not infringe any third party intellectual property rights;

4.2.3. agree and acknowledges that all Intellectual Property rights thereto shall belong to the Organiser and each Contestant consents to the collection, use, processing and/or disclosure by the Organiser any and all of the Contestant’s personal information including without limitation to the Contestant’s name, photograph or image for purposes of the Contest, including advertising, publicity, marketing and promotional activities conducted in such manner as the Organiser deems fit, in any media and without any payment, notification or permission, and any other activities that are ancillary to the Contest. Contestants shall not be entitled to claim ownership and/or other forms of compensation on the materials;

4.2.4. agree that the Organiser reserves the right, at its sole and absolute discretion, to use and exploit the Intellectual Property via any means or media and in any manner and anytime that it deems fit without first obtaining any consent nor making any payment whatsoever to the Contestants and/or the Contest winners and/or representatives;

4.2.5. confirm that the Contestants has read and understood Terms and Conditions of the Contest and the Contestants agree to abide by the Terms and Conditions accordingly and agree to cooperate and to follow all directions given to the Contestants from time to time.;

4.2.6. agree that all Prizes to be awarded in the Contest is contingent upon the accuracy of the information provided and disclosures made by the Contestants and the full and complete performance of the Contestants warranties, undertakings and obligations hereunder;

4.2.7.agree that the Contestants shall not by any act or omission, directly or indirectly bring the Organiser into any dispute;

4.2.8. agree that the Contestants shall not without the prior written consent from the Organiser publish or disclose any information in connection with the Contest or Prizes (including without limitation, to any representatives of media in any form whatsoever); and

4.2.9. agree that the Contestants’ participation in the Contest does not entitle the Contestants to wages, salary or any other compensation.  

 

5.THE CONTEST PERIOD

5.1. The Contest is valid from 5 September 2016 to 4 December 2016("Contest Period") more particularly as set out as below:

5.1.1. Weekly Prize
All entries must be received by the Organiserby 2359hours (Malaysian time) on every Sunday during the Contest Period.

5.1.2. Grand Prize
All badges collected throughout the Contest Period will be accumulated by for the Grand Prize selection.

 

6.HOW TO PARTICIPATE

6.1. All persons who are eligible to participate in the Contest shalldownload a mobile application, known as Cuckoo+ (“App”)from Apple App Store or Google Play Storeto be registered as the Contestants of the Contestupon successful registration and verification.

 

7.HOW TO WIN

7.1. Weekly Prize
Contestants shall collect as many Cuckoo Badges as possible in accordance to the designated mechanism set out in Paragraph 8 and shall submit all Cuckoo Badges together withone (1) creative with Cuckoo’s logo via the Appwithin such time frame as set by the Organiser in order to be shortlisted as Weekly Prizewinners.

7.2. Grand Prize
Top twenty (20)Contestants with the highest number of Cuckoo Badges collected throughout the Contest Period and with the most creative with Cuckoo’s logoshall be selected as the Grand Prize winners.

7.3. All entries shall be submitted via the App at the risk of the Contestants. The Organiser shall not be liable to and responsible for any technical difficulties arising out of the App experienced during submission of the entries by the Contestants.

 

8.HOW TO COLLECT CUCKOO BADGES

8.1. Cuckoo Badges may be collected:

8.1.1. by inviting friends and families via the App; Contestants will be awarded with three (3) Cuckoo Badges per invitation subject that the Contestants' registered mobile number be keyed in via the App for registration;

8.1.2. by visiting any Cuckoo Brandstores or roadshows; Contestants will be awarded with two (2) Cuckoo Badges for each Brandstore visited per week and five (5) Cuckoo Badges for each roadshows visited per week by scanning the Cuckoo Badges via the App by tapping on the scan icon;

8.1.3. by visiting Cuckoo website (www.cuckoo.com.my) or Cuckoo Facebook Page (facebook.com/cuckooInternational); Contestants will be awarded with one (1) Cuckoo Badges for each related video watched per week by scanning "Cuckoo Cash Hunt" icon appeared during the video via the App;

8.1.4. by purchasing Cuckoo products. Contestants will be awarded with one (1) Cuckoo Badges per week throughout the Contest Period for every RM1,000.00 spent for Cuckoo product (be it rental or outright).  (E.g. five (5) Cuckoo Badges per week will be awarded for RM5,300.00 spent for Cuckoo product; Cuckoo Badges will be accumulated by the end of the Contest Period); and

8.1.5. by completing personal particulars to obtain more Cuckoo Badges.

 

9.PRIZES

9.1. Weekly Prize

9.1.1. RM300.00 shall be won by each Weekly Prize winner being the top one hundred (100) Contestants with the highest number of Cuckoo Badges collected between the Start Date and the Closing Date for every week more particularly as set out below with the most with Cuckoo’s logosubmitted via the App within the time frame as set by the Organiser.

9.1.2. The Start Date, ClosingDate and Prize Winners AnnouncementDate for the Weekly Prize are as follow:

Week

Start Date

Closing Date

Prize Winners Announcement Date

1

5.9.2016

11.9.2016

13.9.2016

2

12.9.2016

18.9.2016

20.9.2016

3

19.9.2016

25.9.2016

27.9.2016

4

26.9.2016

2.10.2016

4.10.2016

5

3.10.2016

9.10.2016

11.10.2016

6

10.10.2016

16.10.2016

18.10.2016

7

17.10.2016

23.10.2016

25.10.2016

8

24.10.2016

30.10.2016

1.11.2016

9

31.10.2016

6.11.2016

8.11.2016

10

7.11.2016

13.11.2016

15.11.2016

11

14.11.2016

20.11.2016

22.11.2016

12

21.11.2016

27.11.2016

29.11.2016

13

28.11.2016

4.12.2016

6.12.2016

 

9.1.3. Weekly Prize winners will be notified via the App, Facebook and Cuckoo Malaysia Official Webpage. For verification purpose, Weekly Prize winners are required to submit App’s username and a copy of Identification Card via e-mail tocashhunt@cuckoo.com.my for prize redemption within the same week, by 2359hours on the Sunday upon receiving notification.

9.1.4. All Weekly Prize’s cash prizes will be deposited into winners’ bank accounts via online banking. If Weekly Prize winners fail to submit their detail as stated in Paragraph 9.1.3 within the stipulated period, the cash prizes will be forfeited; any enquiry or appeal thereafter shall not be entertained.

 

9.2. Grand Prize

9.2.1. The Grand Prize shall be won by the top twenty (20)Contestants with the highest number of Cuckoo Badges collected throughout the Contest Period and with the most creative with Cuckoo’s logosubmitted via the App within the time frame as set by the Organiser.

9.2.2. Breakdown of the Grand Prizeconsists of cash prizes and products are as follow:

Top

Prizes

1

RM 10,000 Cash + Cuckoo Product (HN10 + B Model + Fusion Top) worth RM9,030

2

RM 5,000 Cash + Cuckoo Product (HN10 + B Model + Fusion Top) worth RM9,030

3

RM 3,000 Cash + Cuckoo Product (HN10 + B Model + Fusion Top) worth RM9,030

4

RM 2,000 Cash + Cuckoo Product (HN10 + Fusion Top) worth RM6,042

5

RM 2,000 Cash + Cuckoo Product (HN10 + Fusion Top) worth RM6,042

6

RM 2,000 Cash + Cuckoo Product (HN10 + Fusion Top) worth RM6,042

7

RM 2,000 Cash + Cuckoo Product (Fusion Top) worth RM3,392

8

RM 2,000 Cash + Cuckoo Product (Fusion Top) worth RM3,392

9

RM 2,000 Cash + Cuckoo Product (Fusion Top) worth RM3,392

10

RM 1,000 Cash + Cuckoo Product (B Model) worth RM2,988

11

RM 1,000 Cash + Cuckoo Product (B Model) worth RM2,988

12

RM 1,000 Cash + Cuckoo Product (B Model) worth RM2,988

13

RM 1,000 Cash + Cuckoo Product (HN10) worth RM2,650

14

RM 1,000 Cash + Cuckoo Product (HN10) worth RM2,650

15

RM 1,000 Cash + Cuckoo Product (HN10) worth RM2,650

16

RM 1,000 Cash

17

RM 1,000 Cash

18

RM 1,000 Cash

19

RM 1,000 Cash

20

RM 1,000 Cash

 

9.2.3. All Grand Prize’s prizes will be distributed to the Grand Prize winnersin the prize giving ceremony on 11 December 2016 at ("Finale Event Day") and Grand Prize winners are required to attend the Finale Event Day, failing which, the Organiser reserves the right to disqualify the Grand Prize winners and the prizes shall be forfeited; any enquiry or appeal thereafter shall not be entertained.

 

9.2.4. Grand Prize winners will be notified via telephone call from the Organiser. For verification purpose, Grand Prize winners are required to present the App together with Identification Card and mobile numbers for the prize collection on Finale Event Day.

 

9.3. Miscellaneous

9.3.1. All Prizes are strictly not transferable, assignable exchangeable or redeemable by the Contestants in any other form or manner other than that specified by the Organiser. All specific or special terms and conditions that are attached to the Prizes (whether by the Organiser or its agent must be adhered to by the Contestants).

9.3.2. In the event that any of the Weekly Prize winnersor Grand Prize winnerschooses not to accept the Prizes, the Prizes shall be forfeited by the Organiser and the Organiser shall be entitled to deal with such forfeited Prizes at its absolute discretion.

9.3.3. The Organiser’s decision on Weekly Prize winners and Grand Prize winners is final and no correspondence or appeal will be entertained.

9.3.4. Notwithstanding any provisions herein and/or in the event of unforeseen circumstances or circumstances beyond the reasonable control of the Organiser, the Organiser reserves the right to offer alternative arrangements of approximately similar value. No cash alternative will be offered.

 

10.CONFIDENTIALITY

10.1. The Contestants shall treat all Terms and Conditions and rules and regulations of the Contest and all information and knowledge obtained by the Contestants in relation to and/or in connection with the Contest and/or derived as a result of his/her participation in the same, including without limitation the Organiser’s business and operational details, the contest mechanics, the judging/selection criteria for the Contest (hereafter collectively known as “Confidential Information”), as confidential and the Contestants shall, during and after the  contest period, take all reasonable precautions to prevent disclosures of the Confidential Information to unauthorized persons or entities for any reason whatsoever and undertakes to deliver to the Organiser all tangible materials embodying the Confidential Information including any documentation, records, listings, notes, sketches, drawings, memoranda, models accounts, reference materials, samples and/or machines readable media and equipment that is in any way related to the Confidential Information including all duplicates and copies thereof. 

 

11.INDEMNITY

11.1. The Contestantspermanently waive, release and discharge the Organiser, its agencies, sponsors and representatives from and against, any and all liabilities, costs, loss, damages or expenses which the Contestants or any party claiming through the Contestants hereafter may have arising out of acceptance of any Prizes or participation in the Contest including (but not limited to) personal injury and damage to property and whether or not direct, consequential or foreseeable.

11.2. The Contestants shall indemnify the Organiser, its affiliates and agent from and against all liability, cost, loss or expenses suffered thereby as a result of the Contestants’ breach of the Contestants’ warranties and undertakings and any breach of the Terms and Conditions and/or the rules and regulations of the Contest.

 

12.COSTS

12.1. All transportation, accommodation, personal costs and/or any other costs fees and/or related expenses as well as any taxable liabilities that are incurred to participate in the Contest and to redeem the Prize is the sole responsibility of the Contestants/winners.

 

13.LIMITATION OF LIABILITY

13.1. The Contestants acknowledges that his/her participation in the Contest shall be at his/her own risks.

13.2. The Organiser, its agents, representatives, affiliates and their respective directors, officers and employees, agents and assigns shall not be liable to any Contestants in respect of any failure to win a Prize in the Contest, defective Prizes or misuse of Prizes or any other losses, damages, costs, expenses, claims, liabilities, injury, death, accidents suffered by the Contestants during the Contest or arising out of or in connection with the Contest, the participation by the Contestants in the Contest and/or the Prizes awarded.

13.3. The Organiser will not be responsible or liable for:-

13.3.1. any problem, loss or damage of whatsoever nature suffered by the Contestants or any party due to any delay and/or failure in receiving and sending a Contest entry as a result of any network, communication or system error, interruption and/or failure experienced by the Organiser or the Contestants’ telecommunication service provider and/or resulting from participation or the downloading and/or uploading 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 encountered by any Contestants to participate in the Contest or any failure encountered by the Organiser in fulfilling its obligations hereunder.

13.3.2. 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 the Organiser’s control.

 

14.PERSONAL DATA PROTECTION & PRIVACY POLICY

14.1. Pursuant to Personal Data Protection Act 2010 (“the Act”), the Organiser shall collect, use and/or otherwise process the Contestant's personal data (as defined in the Act) for the Purpose as stated in the Personal Data Notice at http://www.cuckoo.com.my/pdpa-consentand in accordance to the Act. The Contestants shall hereby expressly consent and agree to the processing of the Contestants' personal data by the Organiser by continuing using the App, continuing in participating in the Contest and/or voluntarily submitting the Contestants personal data to the Organiser.

14.2. The Contestants shall have the right to obtain access, request correction, limit processing of the personaldata or withdraw consent to disclose of any personal information held by the Organiser. Such request can be made via telephone call to the Organiser at 1800-08-1111.

 

15.GENERAL

15.1. The Organiser, its agents and representatives shall not be liable to perform any of their obligations in respect of the Contest and this Terms and Conditions, rules and regulations in respect ofthe Contest where they are unable to do so as a result of circumstances beyond its control and shall not be liable to compensate the Contestants in any manner whatsoever in such circumstances.

15.2. The Contestants shall not be entitled to assign any of the rights or sub-contract any of the obligations herein. The Organiser shall be entitled to assign or sub-license the whole or any part of its rights hereunder to any third party as may be determined by the Organiser.

15.3. All rights and privileges herein granted to the Organiser irrevocable and not subjected to rescission, restraint or injunction under any and all circumstances. Under no circumstances shall the Contestants have the right to injunctive relief or to restrain or otherwise interfere with the organization of the Contest, the production, distribution, exhibition and/or exploitation of the Contest and/or any product based on and/or derived from the Contest.

15.4. The invalidity, illegality or unenforceability of any terms hereunder shall not affect or impair the continuation in force of the remainder of the Terms and Conditions of the Contest.

15.5. The main language of the Terms and Conditions shall be the English language. Any translation to any other language than English shall be for convenience only. In the event of any inconsistency between this English language and any other languages, the English language version shall prevail and govern in all respects.

15.6. The Contest / Contest’s Terms & Conditions shall be governed by the laws of Malaysia.

15.7. For any inquiry pertaining to the Contest, Contestants may contact CuckooCareline at 1800-08-1111. Cuckoo Carelineis operating on every Monday to Friday from 10am to 7pm and is closed on Saturday, Sunday and Public Holiday.

15.8. For further information, please visit www.cuckoo.com.my.