TONE Campaigns General Terms & Conditions
Please read our Campaigns Terms & Conditions carefully - By using TONE WOW, Tone Excel and/or Tone Plus, you agree to be bound by them.
This campaign Terms and Conditions is for TONE WOW SDN BHD (TONE WOW), TONE EXCEL INTERNATIONAL SDN BHD (TONE EXCEL), TONE PLUS SDN BHD (TONE PLUS) and its related corporations (hereinafter referred to as “TONE”, “our”, “us” or “we”). The terms “you”, “your”, ”Campaign Winner” ”Member” or “Members” refers to the user or the registered member of TONE. The terms “TONE Campaign” or “Campaign Memo” shall have the meaning prescribed in any campaigns memo that are published on the website, (www.tonewow.net) hereinafter referred as the "website" or TONE Membership Management System (TWMMS) or MyWOW App and any other methods of communication.
Kindly note that your entry to any TONE Campaign is subject to the Terms and Conditions of all applicable campaigns that are organised by Tone Wow, Tone Excel & Tone Plus. This Campaign Terms & Conditions are in addition to the Terms & Conditions as stated in the Campaign Memo.
All TONE Members are subjected to this Campaign Terms & Conditions. You accept and agree to these Terms and Conditions without any limitation or qualification.
- This Standard Campaign Terms and Conditions (“Standard T&C”) shall govern all Campaigns that are organised by TONE as stated in the website, social media, and any other methods of communication. The Standard T&C shall be in addition to the terms as set out in the Campaign Memo.
- The brief mechanism of the Campaign is set out in the Campaign Memo.
- Members must adhere to the mechanism of the Campaign as may be briefed and communicated to the members by TONE from time to time during the Campaign Period.
- The Entry Procedure of the Campaign is as set out in the Campaign Memo.
- TONE reserves the right to, at any time, change, amend, delete and/or add to the Terms and Conditions and other rules and regulations including the mechanism of the Campaign at its absolute discretion.
- TONE may terminate or suspend the Campaign at any time at its absolute discretion in which case, TONE may elect not to award any prize. Such termination or suspension will not give rise to any claim by the Members. If the Campaign is resumed by TONE, Members shall abide by TONE’s decision regarding resumption of the Campaign and disposition of the Prizes.
- Members may not question the mechanics of the campaign, the Terms & Conditions, the draw, if any, the shortlisting of winners and the allocation and/or prizes involved.
- TONE may occasionally update a Campaign to reflect TONE, our customers’ and our users’ feedback.
1. Campaign Period
- The campaign organised by TONE will run from the date as stated in the Campaign Memo and published on the website www.tonewow.net
- TONE reserves the right to vary, postpone or re-schedule the dates of the Campaign or extend the Campaign Period at its sole discretion
2. Campaign Entry
- The Campaign Entry requirements will be set out in the Campaign Memo.
- Where applicable members are automatically enrolled in ALL TONE Campaigns subject to the entry requirements as specified in the Campaign Memo.
- Where the Mode of entry is via short messaging service (“SMS”) or multimedia messaging service (“MMS”), each Campaign Entry sent by the Member will be subject to a standard fee charged by telecommunication service provider or by TONE.
- By fulfilling and/or submitting the Campaign Entry, Members shall be deemed to have read, understood, accepted and agree to be bound by the Terms and Conditions of the Campaigns.
- TONE shall be entitled to reject or refuse participation by the Members for reasons, including (without limitation) where the Campaign Entry is not complete or any provisions in the Terms and Conditions is not fulfilled or adhered to by the Members.
- Where required. entries must be received by Members on or before the Entry Deadline as set out in the Campaign Memo. Entries received after the stipulated time will be disqualified and ineligible for consideration for prizes.
- Campaign entries are limited to ONE (1) Entry per Member ID or NRIC or Passport Number, unless specified otherwise.
- Members Eligibility Criteria are as set out in the Campaign Memo.
- Subject to the Terms and Conditions, Active TONE members who are residents of Malaysia are eligible to participate in a campaign. Active members are those registered TONE Members with accounts that are active and have not expired or entered in to Grace Period..
- Permanent employees of TONE, including their respective immediate family members ( parents , spouses, children and siblings ) are NOT eligible to participate
- Members may be required to submit further proof of their eligibility within such timeframe as may be required by TONE failing which TONE shall be entitled to disqualify them.
- Any other members that are ineligible to participate in the campaign will be set out in the Campaign Memo.
4. Campaign Mechanics
- Refer to Campaign MEMO as published on the website.
5. Campaign Prizes
- Each member will be eligible to win a maximum of one (1) Prize as described in the Campaign Memo throughout the Campaign Period, unless otherwise specified.
- The Prizes for the Campaign shall be as set out in the Campaign Memo.
- All cash prizes will be transferred to the Member's Bank Account based on the Bank Account Info in TONE Membership Management System (TWMMS) or third party account details.
- TONE shall not be responsible for any failure if the bank rejects the transaction as Bank Account Information may have been entered wrongly.
- All Top Up or reload prizes in terms of Digi credit, WOWlet or WOWCher will be done by TONE not more than SEVEN (7) DAYS after the Winner’s announcement.
- TONE shall not be responsible for the delay in the handling of the prizes.
- Picture(s) of the Prizes shown in any advertisement, promotional, publicity and other materials relating to or in connection with this campaign is/are solely for illustration purposes only and may not depict the actual colour, size, model or specification of the Prize(s) and does not include any optional accessories.
- For any dispute in relation to the quality or warranty of the Prizes or any terms and conditions in respect thereof, the winners shall directly deal with the authorized dealer or supplier. TONE shall not be held responsible or liable for any breach of quality or warranty of the Prizes or any other terms and conditions in respect thereof.
- In the event TONE merchant(s) and/or supplier(s) are unable to supply the same model as described due to reasons which include but not limited to manufacturer(s) recall or damage, lost or stolen during storage or delivery, TONE reserves the right to substitute the Prizes with another model(s) of a similar value at its sole and absolute discretion, with seven (7) days prior notice by way of posting on the TONE website or any other methods as it deems fit.
- The prizes are non-transferable, refundable nor exchangeable.
- The winners’ names will be notified or announced by TONE on its website, social media and/or by call.
- All Prizes must be collected within the stipulated Collection Period and at such Collection Venue as prescribed during the Winners announcement or any other methods of communication.
- Failure to claim Prizes shall result in the Prizes being forfeited by TONE and TONE, its agents, sponsors and representatives shall have no liability to the Winners in any respect whatsoever.
- Where the Prizes awarded are non-cash prizes, Members shall not be entitled to redeem the same for cash or other alternatives.
- TONE does not guarantee the availability of non cash-Prizes and TONE shall be entitled to replace and/or substitute such prize(s) with any other prize(s) of similar value as determined by TONE, its agents or sponsors at its sole discretion.
- All prizes are strictly not transferable, assignable, exchangeable or redeemable by the Members in any other form or manner other than that specified by TONE. All specific or special Terms and Conditions that are attached to the Prize (whether by TONE or its agent or sponsor) must be adhered to by Members.
- Prizes must be claimed in person unless TONE prescribes other mode of collection. Where TONE elects to post a prize to a Campaign winner, no responsibility will be accepted by TONE for the safe and effective postal delivery of the Prize.
- In special situations, and subject to the absolute discretion of TONE, a Campaign winner may nominate a designated representative to collect a prize. The representative will be required to present written authorisation from the Campaign winner and identification which includes a photograph for both the Campaign winner and his/her representative.
- The Campaign winner is responsible for any and all taxes, bank charges, courier fees payable as a result of a Prize being awarded and/or received (if applicable).
- In the event that the Campaign winner chooses not to accept a Prize, the Prize shall be forfeited and dealt with the absolute discretion of TONE.
- All Prizes are accepted entirely at the risk of the Members. The Campaign Winner shall execute a deed of release and indemnity in a form prescribed by TONE, if so required, in order to receive the Prize.
6. Incentive Trip
- If the Prizes awarded by TONE are travel or holiday prizes (“Incentive Trip”):
- Incentive Trip must be taken in accordance with the dates and destinations specified by TONE, its travel agencies or sponsors failing which it shall be forfeited. No cash alternative or alternative destination will be offered by TONE, its agents or sponsor.
- Incentive Trip must be taken in accordance with the Terms and Conditions as may be set by TONE, travel agencies or sponsor including (without limitation) to the following:
- the Terms and Conditions of the respective airlines/carrier;
- the Terms and Limitations of any insurance policy relating to the Incentive Trip;
- the Terms and Conditions in connection with all health and safety guidelines and instructions and all applicable legal and regulatory requirements.
- Any Incentive Trip prizes won by minors shall be in accordance with the Terms and Conditions of the respective carrier and where specified, accompanied by the parent(s) or legal guardian at the parent(s) or legal guardians own cost and expense.
- Winners must hold a valid passport with at least six (6) months’ validity period. 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.
- Passport control and in-country authorities reserve the right to refuse entry. If the winner of the Incentive Trip is refused passage, entry or exit to or from the country being visited, TONE will not be responsible in any way to compensate the winner for such refusal of passage, entry or exit and any additional costs incurred will be at the sole cost and responsibility of the Winner.
- In the event of unforeseen circumstances or circumstances outside the reasonable control of TONE and/or the sponsor, TONE and/or sponsor reserves the right to offer an alternative destination of approximately similar value. No cash alternative will be offered.
- In the event of “No-show” on the Travel Date without any valid reasons, Members agree to reimburse TONE all costs incurred but not limited to airfare and travel packages. TONE will have the rights to deduct your Incentive payment if necessary.
- Any flights, other transport, airport details, accommodation or other aspects of the Incentive Trip, dates and times quoted by TONE, its agencies, sponsors or representatives are for guidance only and are subject to change without notice with no liability arising.
- Unless otherwise specified, the class of travel for any Incentive Trip incorporating an airfare is economy class.
- Incentive Trip winners must have sufficient financial resources to meet any financial commitment which they may incur in connection with the travel prize (including, without limitation to, transfers to and from any airport specified in the travel prize, meals and drinks, room service, laundry, excess baggage, personal, medical and/or baggage insurance, all items of a personal nature, customs and airport tax) beyond those included in the travel prize itself.
- Incentive Trip winners must complete the TONE Indemnity Form and Letter Of Undertaking to qualify for the Incentive Trip Prize.
7. Winner Selection Process
- At the end of the campaign period, each campaign entry earned by TONE members during a campaign will be drawn manually or digitally or according to the mechanics in the Campaign Memo.
- Manual lucky draws may be completed during TONE events or during preview nights. Digital lucky draws may be drawn randomly through a computer process.
- All draws will be witnessed by at least two TONE staff and/or board of directors.
- The winners will be contacted by TONE or its appointed representatives up to two (2) times at the telephone numbers registered under the TONE Member’s ID and as shown in TWMMS, on a selected day or on any day TONE HQ is open during office hours. Winners will also be notified via SMS and/or email.
- In the event TONE or its appointed representative is unable to contact the Winners after the two (2) attempts or uncontactable within a certain period, the prizes will be disqualified.
- Winners will be announced by TONE on the Website and/or social media within a week from the end of campaign period.
- The Judges/TONE’s decisions on all matters relating to the Campaign (including without limitation to, the selection of Members, play of the contest and/or any resolutions made) shall be final and absolute and binding on the Members. No discussion, correspondence, enquiry, appeal or challenge in respect of any decision of TONE will be entertained.
- Members shall not dispute nor make any oral or written complaints, public announcements or statements on the contest decisions whether during or after the Contest Period.
8. Consent & Confidentiality
- Eligible Members and/or winners who participate in any campaign are deemed to have expressly agreed to be bound by these Terms & Conditions (as varied or changed), the decisions of TONE and/or judges to the fullest extent permitted by law, to have consented to and authorised TONE to disclose their particulars (names, addresses and telephone numbers) to third party service providers engaged by TONE for the purpose of the campaign.
- TONE's decision on all matters relating to the campaign shall be final and binding and no further correspondence or attempt to dispute such decision will be entertained.
- Each of the Eligible Members, and/or Winners are deemed to have given his/her consent and authorisation to TONE to use his/her name and any photographs taken or other information for current and future advertising and publicity purposes. Eligible Members and/or Winners also agree to be featured in any publicly material. No fee will be paid to the winners for any of the aforementioned.
- TONE reserves the right to disqualify Members and/or revoke the Prize (at any stage of the Campaign) if:
- The Members are ineligible or does not meet any of the Eligibility Criteria; or
- The Members breache of the Terms and Conditions or other rules and regulations of the Campaign or violate any applicable laws or regulations; or
- in TONE’s sole determination, we believe that Members have attempted to undermine the operation of the Campaign by fraud, cheating or deception.
- In the event of a disqualification and after the Prize has been awarded, TONE reserves the right to demand for the return of the Prize or payment of its value from Members.
- Whilst TONE will endeavour to conduct necessary verifications on the eligibility of Campaign entrants, failure to disqualify any ineligible Members shall not be deemed a breach by TONE.
- Members represents and warrant with TONE that:
- Members have met all the eligibility criteria and have the right, authority and power to enter into a Campaign in accordance with Terms and Conditions and shall provide such proof as TONE requires;
- that all the statements (if any and if so required) made by Members to TONE are true, accurate and complete.
- In consideration of TONE offering to Members the opportunity to participate in a Campaign, Members hereby unconditionally and irrevocably;
- agree that if so required by TONE, the winner shall make himself/herself available (without compensation) for the production, recording and publicity of the Campaign during the such time and production schedule as may be notified by TONE:- (i) interview (which shall be recorded); and/or (ii) taking of still photos, audio and/or visual recording for promotionals and publicity purposes. (collectively “Recording”).
- agree and consent that TONE shall have the right and absolute discretion to broadcast the Recording and/or use the slogan, names or nicknames on any of its programmes/channels/platforms in whole or in part at TONE’s discretion. All copyrights subsisting in the Recording shall belong to TONE absolutely.
- agree that where Members are required to submit any photographs, drawings, pictures, slogans, any materials or other creative works, including voice or video recordings (collectively “Intellectual Property”) with the Campaign Entry, Members warrant that all Intellectual Property Rights in such submission does not infringe any third party intellectual property rights.
- agree that TONE 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 at anytime that it deems fit without first obtaining any consent nor making any payment whatsoever to Members and/or the Campaign winner(s) and/or representatives. agree that Members have read and understood Terms and Conditions of the Campaign and Members agree to abide by the said Terms and Conditions accordingly and agrees to cooperate and to follow all directions given by TONE to Members.
- agree that all Prizes to be awarded in the Campaign is contingent upon the accuracy of the information provided and disclosures made by Members and the full and complete performance of Members warranties, undertakings and obligations hereunder.
- agrees that Members shall not by act or omission, directly or indirectly bring TONE or the Sponsor into disrepute.
- agree that Members shall not without the prior written consent from TONE publish or disclose any information in connection with the Campaign or Prize (including without limitation, to any representatives of any media in any form whatsoever).
- agree that participation in the Campaign and/or Programme does not entitle Members to wages, salary or any other form of compensation.
- agree not to voice their dissatisfaction or discontent with any respect of any TONE campaign in any public or private platform, Digital or otherwise, or any other methods of communication.
11. Promotional Activities
- TONE and/or its affiliates reserve the right to send SMS messages, email notification or any form of messages to Member's mobile phone numbers or email address containing information and promotional activities regarding any other TONE promotions.
12. Governing Law
- The Terms and Conditions of the Campaign shall be construed, governed and interpreted in accordance with the laws of Malaysia.
- Members forever waive, release and discharge TONE, its agencies, sponsors and representatives from and against, any and all liabilities, costs, loss, damages or expenses which Members or any party claiming through Members hereafter may have arising out of acceptance of any Prize(s) or participation in the Campaign including (but not limited to) personal injury and damage to property and whether or not direct, consequential or foreseeable.
- Members shall indemnify TONE, its affiliates, agent and sponsors from and against all liability, cost, loss or expenses suffered thereby as a result of Member’s breach of warranties and undertakings and any breach of the Terms and Conditions and/or the rules and regulations of the Campaign.
- Members shall treat all Terms and Conditions and rules and regulations of the Campaign and all information and knowledge obtained by the winner in relation to and/or in connection with the Campaign and/or TONE Products and services and/or derived as a result of his/her participation in the same, including without limitation TONE’s business and operational details, the contest mechanics, the judging/selection criteria for the Campaign (hereafter collectively known as “Confidential Information”), as confidential and Members 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 TONE all tangible materials embodying the Confidential Information including any documentation, records, listings, notes, sketches, drawings, memoranda, model accounts, reference materials, samples and machine readable media and equipment that is in any way related to the Confidential Information including all duplicates and copies thereof.
- All costs incurred by the winner in relation to and/or with respect to the Campaign including without limitation postal charges or Internet Service Provider (ISP) charges (if applicable), all transport costs, communication charges, accommodation, meal costs and other related costs incurred by Members as a result of and/or pursuant to his/her participation in the Campaign shall be solely borne by Member. TONE shall not be under any obligation to reimburse the Member for any of such costs and expenses incurred thereof.
16. Limitation of Liability
- The Member acknowledges that his/her participation in the Campaign shall be at his/her own risks. TONE, its agents, sponsors, representatives, affiliates and their respective directors, officers and employees, agents and assigns shall not be liable to any Member in respect of any failure to win a Prize in the Campaign, defective Prizes or misuse of Prizes or any other loss, damages, costs, expenses, claims, liabilities, injury, death, accidents suffered by the Member during the Campaign or arising out of or in connection with the Campaign, the participation by the Member in the Campaign and/or the Prizes awarded.
- TONE will not be responsible or liable for
- any problem, loss or damage of whatsoever nature suffered by Member or any party due to any delay and/or failure in receiving and sending a Campaign Entry as a result of any network, communication, ISP or system error, interruption and/or failure experienced by TONE or the Member’s telecommunication service provider and/or resulting from participation or the downloading of any materials in the Campaign. In the event of such error, interruption and/or failure, TONE shall not be responsible or liable for any failure encountered by Members to participate in the Campaign or any failure encountered by TONE in fulfilling its obligations hereunder.
- any error (including error in notification of Campaign 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 TONE’s control.
17. Other Terms & Conditions
- The winners must abide by all laws and regulations currently in place and the Terms and Conditions of the party(ies) arranging and/or providing the Prize and the Terms and Conditions attached to the Prize, if any.
- If there is any dispute of the Prize, winners are required to contact TONE HQ at 01159000969 or email firstname.lastname@example.org within TWO WEEKS (14 DAYS) from the winners announcement date at the latest to make any inquiry. No request for any information will be entertained after TWO WEEKS (14 DAYS) from the winners announcement date.
- For avoidance of doubt, the Prizes are provided by TONE’s supplier. The Eligible Members, and/or winners hereby acknowledge and agree that TONE excludes all warranty and/or liability in connection with the awarded prizes and/or the campaign. Members shall assume full liability and responsibility in case of any liability, mishap, injury, loss, damage, claim or accident (including personal injury and/or death) resulting from their participation in the campaign. TONE shall not be held responsible for any loss, damage or injury (including death) in any manner whatsoever suffered by the Members as a result of their participation in the campaign and/or the use of the prizes.
- TONE reserves the right to disqualify Members from the campaign and/or receiving the prize if he/she has committed or is suspected of committing any misconduct, fraudulent or wrongful acts in relation to his/her use of any TONE services or facilities.
- TONE will not be liable for any default due to any Act of God, war, riot, strike, lockout, industrial action, fire, flood, drought, storm, epidemic, pandemic, technical or system failure or any event beyond the reasonable control of TONE.
- TONE reserves the right as it deems fit to vary or change any of these Terms and Conditions from time to time or cancel, terminate, withdraw, or suspend this campaign and/or replace this campaign with another similar promotion, campaign or program with prior notice. Such variation, changes, cancellation, termination, withdrawal or suspension will be notified by posting on TONE’s website at www.tonegroup.net or in any other manner as TONE deems fit.
- In this respect, the Members participation in this campaign also signifies his/her agreement to access the website at regular intervals to view these terms and conditions and to ensure that they are kept up-to-date with any variations or changes which TONE may effect from time to time.
- Members also agree that their continued participation in this campaign will constitute their acceptance of these Terms and Conditions (as varied from time to time). For the avoidance of doubt, any cancellation, termination, withdrawal or suspension by TONE of this campaign will not entitle the participant to any compensation against TONE for any and all loss or damage that may be suffered or incurred by the participant as a direct or indirect result of the act of cancellation, termination, withdrawal or suspension.