KIX HD’s “R U Tough Enough?” Competition
Terms and Conditions for the Malaysia section
By entering and participating in the KIX HD’s skill-based contest "R U Tough Enough?" Competition (the “Contest”) organized by Tiger Gate Entertainment Limited ( “Promoter”), I hereby acknowledge and confirm that I have fully and thoroughly read and understood the Terms (as defined in clause 2 below) and have agreed to abide by the Terms .
The “Terms” shall mean and include (a) these terms and conditions, and (b) any applicable terms and conditions set forth in the Contest’s official website (www.KIX-TV.com/tough) (the “Official Website”), and (c) any information relating to the Contest provided by Promoter , and (d) any updates and/or amendments to (a) to (c) above by Promoter from time to time.
The Contest is open to anyone who: (a) is aged 18 years or above on the date of entry to the Contest; and (b) is an ordinary legal personal residing in Malaysia and holding a valid legal identification issued by the Malaysia governmental authority (copy of the valid legal identification shall be upon Promoter’s request provided to Promoter for verification); and (c) is physically fit and healthy to participate in the Contest and have no major health conditions; and (d) is capable to provide a valid email account and a valid local telephone number in Malaysia for contact and entry to the Contest; and (e) is not any category of persons set forth in clause 4 below who are not eligible to participate in the Contest.
“I declare, confirm and represent that” I fulfill all eligibility requirements set forth above and all my information submitted for the Contest are truthful and accurate.
The following persons are not eligible to participate in the Contest: (a) current and/or former full-time professional athletes; (b) finalists in any previous years’ "R U Tough Enough?" contests selected in any country in accordance with the rules of such contests (unless otherwise agreed by Promoter); and (c) employees (and their immediate family members, including spouse, children, parents, brothers and sisters) of Promoter (also including Promoter’s parent, affiliates, subsidiaries or service agencies) or the participating agencies or any third parties directly involved in organizing, promoting or conducting the Contest.
I acknowledge and agree that, (a) notwithstanding clause 3 above and any provisions of the Terms, I will be disqualified ab initio and the entitled prizes (if any) will be forfeited in the event (i) my entry to or participation in the Contest is prohibited or restricted by any applicable law or regulations; and/or (ii) I have breached any provisions of the Terms; and (b) each person can enter in the Contest once only. If additional entries are submitted from the same person, only the first entry will be eligible; and (c) in the event of a dispute regarding identity of an entrant or a participant, the successful entry will be deemed entered by the lawful holder of the valid legal identification registered for entry to the Contest.
Entry Period (Malaysia section)
The entry period for the Contest is open from 00:00:00 on 10 September 2018 to 23:59:59 on 15 October 2018 (Hong Kong time) (the “Entry Period”), subject to any change or modification at the absolute discretion of Promoter.
A person who wants to participate in the Contest shall submit an entry to the Contest by completing all of the following steps online on the “Official Website”: (a) to complete the entry form and provide all personal information requested on the entry form, including but not limited a valid local telephone number in Malaysia and a valid email address; (b) to submit a recent personal photo (which should contain a full face head shot and a full length body shot) which is taken within the immediately preceding 12 months of the date of submission; and (c) in accordance with the guidelines on the “Official Website” (which may be updated or modified by Promoter from time to time) to answer the question regarding why you are the toughest person in Malaysia.
I acknowledge and understand that, an entry will be considered as successfully submitted only if and when all steps set forth above in this clause 7 are completed during the Entry Period, and any entry submitted after expiry of the Entry Period shall be invalid and unacceptable.
A person who has successfully submitted an entry to the Content shall be referred as an “entrant” in the Terms. After the Entry Period, Promoter will review the answers and photos successfully submitted by the entrants during the Entry Period and at its sole discretion select a shortlist from the entrants to advance to the next round
of the Content, details of which will be further provided in the terms below. An entrant who has been selected and shortlisted by Promoter shall be referred as a “Participant” in the Terms.
Close Door Audition (Malaysia section)
The Participant shall attend and participate in a one (1) day closed door audition in Kuala Lumpur, the location and date of which will be notified by Promoter (“Close Door Audition”).
Promoter will separately notify each Participant by email the time slot and the location of his/her Closed Door Audition. The Participant shall reply to Promoter’s email within three (3) Working Days confirming that (a) the Participant will attend and participate in the Closed Door Audition at the designated date, time and location notified by Promoter; and (b) if the Participant is selected as a Finalist, the Participant will attend and participate in the SEA Final Showdown (as defined in clause 12 below) in Malaysia. “Working Day” means a day (except Saturdays, Sundays and Public Holidays) on which licensed banks are open for business in Malaysia.
I acknowledge and understand that, if a Participant fails to reply within such three (3) Working Days, or fails to or will be unable to attend and participate in the Closed Door Audition and/or the SEA Final Showdown, the Participant’s eligibility to the Contest shall be forfeited.
During the Closed Door Audition, each Participant will be interviewed by Promoter (or its authorized person(s)) and tested on his/her physical fitness by doing some assigned physical tests (e.g. planking and pushups exercises). After completion of all Participants’ Closed Door Auditions, Promoter will at its sole discretion select and shortlist 4 Participants based on all the Participants’ fitness level and personalities. A list of the 4 selected Participants (and their full name) will be announced and posted on the “Official Website” by 8 November 2018. The 4 selected Participants and the winner of last year’s "R U Tough Enough?" competition in Malaysia (i.e, 5 persons in total) shall each be referred as a “Finalist” in the Terms. Promoter will separately notify each Finalist by telephone call or email that he/she has been selected as a Finalist (the “Finalist Notice”).
Final Showdown (Southeast Asia section) in Malaysia
A Finalist shall attend and participate in the KIX HD’s "R U Tough Enough?" final showdown event (Southeast Asia section) in Malaysia (the “SEA Final Showdown”), including (a) a briefing session on 1 December 2018 at Sunway Pyramid, Kuala Lumpur in Malaysia (“Briefing Session”) for information relating to the rules and physical competitions of the Competition (as defined hereafter); and (b) an obstacle course competition on December 2, 2018 at Sunway Pyramid, Kuala Lumpur in Malaysia (“Competition”) to compete with the finalists from other five different countries (including Indonesia, Singapore, the Philippines, Thailand and Vietnam) for the Grand Prize (as defined in clause 16) of the SEA Final Showdown and the title of the Toughest in Southeast Asia.
I acknowledge and understand that, (a) each Finalist shall within three (3) Working Days after Promoter’s Finalist Notice confirm Promoter whether he/she will attend and participate in the SEA Final Showdown in Malaysia (and upon Promoter’s request sign a confirmation form to be provided by the Promoter), failing which or if a Finalist rejects to attend and participate in the SEA Final Showdown, Promoter may at its sole discretion select an alternate Finalist; and (b) upon the Finalist has confirmed that he/she will attend and participate in the SEA Final Showdown, he/she is obligated to attend and participate in the SEA Final Showdown, failing which shall considered as the Finalist’s breach of the Terms, and in this event the Finalist shall indemnify Promoter for any losses and damages arising hereto.
“I further acknowledge and understand that the Finalists shall follow the instructions given by Promoter and/or the game marshals strictly throughout the SEA Final Showdown, failing which the relevant Finalist will be disqualified immediately.
After the end of the Competition, Promoter will on-site at its sole discretion select one (1) winner (“Winner”) from all the finalists from different countries based on their performance and the results of the Competition, and announce the Winner.
(a) The Winner will be awarded United State Dollar (USD) 15,000 (the “Grand Prize”), which will be paid to Winner in Malaysian Ringgit (MYR) at the exchange rate of USD1:MYR3.843 on or before 31 January 2019.
(b) “I hereby acknowledge and agree that”, the Winner shall at Promoter’s request sign an acknowledgement form to be provided by Promoter acknowledging receipt of the Grand Prize, failing which the Promoter may forfeit the Grand Prize (or charge the Winner the amounts equivalent to the value of the Grand Prize already paid to Winner) and, if applicable, to select an alternate winner.
I hereby further acknowledge and agree that, notwithstanding any provisions in the Terms, (a) the award of Grand Prize (if I have been selected as the Winner) is contingent and subject to the condition that I shall comply with all term and conditions of the Terms and fulfill all requirements set forth in the Terms; (b) if I have breached any of the Terms, I shall indemnify Promoter for any losses and damages arising hereto; (c) Promoter reserves the right to at the Promoter’s sole discretion reclaim the Grand Prize or substitute Grand Prize with an alternate prize of equal or similar value ; (d) where applicable, (i) the Grand Prize may consist of products provided by third party supplier(s), and may be subject to such applicable terms and conditions of any third party supplier(s); and (ii) Promoter makes no representation or warranty in relation to the Grand Prize(s), including but not limited to the quality of the Grand Prize(s), its fitness for purpose, merchantability or otherwise; and (iii) Promoter shall have no liability and responsibility in relation to the Grand Prizes, including but not limited to any injuries, losses or damages suffered as a result of the redemption or usage of the Grand Prizes; (e) if I (as the Winner) reject the Grand Prize(s), or if the Grand Prize(s) for whatever reason is failed to be delivered to me (as a the Winner) (e.g. due to incorrect contact or payment details), Promoter may at its sole discretion deal with any unclaimed Grand Prizes in any manner as it thinks fit, including but not limited to selection of an alternate winner, and Promoter is not obligated to provide any reimbursement or compensation of any kind to me; (f) the Grand Prizes shall not be sold, traded, transferred, substituted, refunded, commissioned or redeemed for cash or in kind value; and (g) the Grand Prize shall be inclusive of all taxes. Any and all tax liabilities arising out of the receipt, acceptance and use of and/or participation in the Grand Prizes are my sole responsibility and I shall submit duly and timely payment to the relevant governmental authorities in relation to all tax liabilities arising from the Grand Prize.
Personal Safety and Physical Condition
I acknowledge and understand the physical competitions and risks involved in taking part and participating in the Contest (including the Close Door Audition and SEA Final Showdown) and the degree of fitness required to take part therein, and I further acknowledge and agree that (a) it is my sole responsibilities to (i) ensure that I am properly equipped and that my state of health and physical condition is fit to participate in and complete all part of the Contest without any medical or other assistance and without any health risks; and (ii) seek medical advice of my physical condition before participating in the Contest; and (b) I should not participate in the Contest if I am pregnant or suffering from any chronic disease such as heart disease or high blood pressure, and Promoter reserves the right to disallow/disqualify my participation in the Contest if Promoter is made aware of that I have the above condition or reasonably suspects that I am physically unfit to participate in the Contest.
By submitting application to participate in the Contest, and subsequently participating in all or any part of the Contest, (a)I hereby declare, warrant and confirm to Promoter that I am physically fit to participate in the Contest and I am freely choose and consent to be a participant of the Contest in knowledge of the risks that may be involved, and (b)I further acknowledge and agree that(i) Promoter accepts no responsibility for death, accident, injury, illness, loss or misadventure caused to or suffered by any participants, however caused; and (ii) I shall solely assume all responsibilities and liabilities for any of my loss, damage, harm, injury, death, claim, suffering and all associated risks that may arise from participating in all or any part of the Contest, and (iii) I shall indemnify Promoter and hold the Promoter indemnified and harmless for any injury or death and any damage to property as a result of me not being physically fit to participate in all or any part of the Contest.
I hereby acknowledge and agree that” Promoter’s judgment and decisions to any and all matters relating to the Contest, including but not limited to the eligibility/qualification of any participant, the dates, times and locations of each event/competition of the Contest (also including any change of such dates, times and locations), selection of the Participants, Finalists and Winner, the award of all prize(s) and any other matters relating to the Contest, shall be final and binding upon all participants. No dispute or correspondence will be entertained by the Promoter. The Promoter shall have no liability whatsoever to any person and/or entity as a result thereof.
I acknowledge and agree that : (a) as a participant I shall at Promoter’s request participate in public relation events/promotional activities (collectively, the “Public Relation Events”) tied to any campaign of which the Contest forms a part; and (b) Promoter and its designees may take photographs, videos, filming and/or audio recording during my participation in all or any part of the Contest and Public Relation Events in any format , and Promoter and/or its designees may at its sole discretion use, edit, modify, reproduce, publish, distribute, exhibit, exploit, publicly display, transmit and/or broadcast such photographs, films, videos, sound recordings, footage and any other relevant materials taken by the Promoter and/or its designees (collectively, the “Materials”) in any manner or means and/or on any media, at any time anywhere in the world; and (c) Promoter has no financial commitment or obligations to me as a result of my participation in the Contest (including any Public Relation Events) and my grant of the rights to the Promoter and its designees pursuant to this clause 21.
By participating in the Contest, I hereby irrevocably and unconditionally(a) grant to the Promoter and its designees an irrevocable, non-exclusive, royalty-free, transferable, sub-licensable, worldwide and perpetual right and license to do the following: to use, edit, modify, reproduce, publish, distribute, exhibit, exploit, publicly display, transmit and/or broadcast the Materials (including my names, images, voices and/or likeness in connection with the Materials) and any materials I have submitted, or will submit, for the Contest (the “Works”) in perpetuity throughout the world in any manner or means and/or on any forms of media now known or hereafter invented, for any purposes, including without limitation, promoting the Contest or any brands, services and/or channels owned and/or controlled by Promoter and/or its associated companies, and to maintain the Materials and Works in a database for future use; and, and (b) waive and release all of my rights in connection with the Materials and the Works throughout the world, including but not limited to any so-called “moral rights” or similar rights prevailing in any part of the world, and I further warrant and undertake not to object to any use or edit of the Materials and Works by Promoter or its designees, all without additional remuneration and all to the fullest extent permitted by law.
Disclaimers and Limitation of Liability
I agree to(a) indemnify and hold the Promoter, its agents, employees, representatives, associates, affiliates, parent and subsidiary companies harmless from or against any and all claims, losses, costs, damages, liabilities and/or expenses arising out of my breach of any of the Terms; and (b) release the Promoter from any claim, causes of action, demand and/or liability arising out of or in connection with the Contest and/or the prizes of the Contest; and (c) to the extent permitted by law, waive any and all rights to litigate, to seek injunctive relief or to make any other recourse to judicial or any other procedure in case of disputes or claims resulting from or in connection with this Contest and/or the prizes of the Contest.
I acknowledge and agree that(a) the Promoter shall not indemnify and shall not be liable in any way for any and all liability, claims, demands, causes of action, losses, costs and/or damages which I and/or my heirs, assigns, personal representatives and next of kin may have, whether known or unknown at the present time, of any nature whatsoever, arising out of or relating to: (i) the Contest and/or prize(s) of the Contest; (ii) personal injury and/or property damage, theft or loss suffered by me howsoever caused; and/or (iii) any tax liabilities in relation to the prize(s) of the Contest and/or use and/or enjoyment of the prize(s) of the Contest; and (b) the Promoter shall not be responsible or liable for any accident, injury, illness, death, misadventure, liability, claim, demand, loss, cost, cause of action and/or damage howsoever caused to or suffered by me or any third party arising out of or in connection with the Contest and/or the prize(s) of the Contest, and I shall assume all liability for any of my loss, damage, injury, death or claim that may arise from participation in the Contest and redemption and usage/enjoyment of the prize(s) of the Contest; (c) the Promoter shall not be responsible or liable for any incorrect or inaccurate capture of my information and/or personal or contact particulars, any failure to receive notifications of any kind and/or the prize(s) of the Contest from Promoter due to any reasons, including but not limited to electronic-transmission errors, any lost or misdirected email notification (including but not limited to technical malfunctions, human or technical error, seeding or printing errors, lost/delayed/garbled data or transmissions, omission, interruption, deletion, defect or failures of any telephone or computer line or network, computer equipment, software or any combination thereof), and any late, misdirected or unavailable network, server or other connections or technical failures, and I shall be responsible for the correctness of my personal information including but not limited to my postal and email addresses and telephone numbers registered with or communicated to the Promoter; and (d) my personal data, including but not limited to name and contact details, may be processed, shared and otherwise used by Promoter and/or any of its designees for the purposes and within the context of the Contest and any other purposes outlined in the Terms. I understand that I may request access or request correction of any personal data held by Promoter by writing to Promoter at Unit 1603, Kwun Tong Harbour Plaza, 182 Wai Yip Street, Kwun Tong, Hong Kong.
Promoter reserves the right to at any time, at its sole and reasonable discretion, (a) amend, delete, add or vary any of the Terms from time to time without giving any prior notice and by entering in the Contest all participants shall be deemed to have agreed to accept and comply with any such amended Terms; (b) modify, suspend, postpone, cancel or discontinue, temporarily or permanently, the Contest for any reason, including but not limited to the reasons of infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, any other causes beyond the control of the Promoter such as weather conditions, fire, flood, strike, political unrest, riots and war, or any other causes which corrupts or affects the administration security, fairness, integrity or proper conduct of the Contest; and (c) disqualify any participant’s participation in the Contest or entitlement to a prize in the event of fraud, misconduct, any form of dishonesty or trickery, or any arising discrepancies which might affect the proceedings of any part of the Contest or if Promoter determines or suspects that the participant does not meet the eligibility criteria or has attempted to undermine the legitimate operation of the Contest by tampering, cheating, hacking, deception, or other fraudulent, deceptive or unfair playing practices.
Any provision of the Terms that is prohibited or unenforceable in any jurisdiction shall be ineffective as to that jurisdiction to the extent of that prohibition or unenforceability, but that does not affect the validity or enforceability of that provision in any other jurisdiction nor invalidate the remaining provisions of the Terms.
The Terms are in English. If there is any other language version(s) and if there is any conflict or inconsistency between the English and such other language version(s), the English version shall prevail.
The Terms shall be governed by and interpreted in accordance with the laws of the Hong Kong Special Administrative Region (“Hong Kong”) without regard to the conflict of law provisions. Each participant irrevocably agrees to submit to the exclusive jurisdiction of the courts of Hong Kong in the event of any dispute arising out of or in relation to the Terms or the Contest.