TERMS AND CONDITIONS OF ENTRY TO ASIA’S NEXT TOP MODEL CYCLE 5 “I WOKE UP LIKE THIS” COMPETITION
THE COMPETITION IS ORGANIZED BY FOX NETWORKS GROUP ASIA PACIFIC LIMITED (FNG)
- By submitting an entry into the ASIA’S NEXT TOP MODEL CYCLE 5 “I WOKE UP LIKE THIS” skill-based competition (the Competition):
- you acknowledge that you have read and understood these terms and conditions of entry (the Terms) which include information on how to enter, how the winners will be determined, the prizes, and how personal data will be collected, retained, used and shared;
- you expressly agree to be bound by the Terms, including in particular those relating to the collection, retention, use and sharing of personal data; and
- you confirm that you do not breach any law in your country of residence regarding the legality of entering the Competition.
- FNG will not be responsible for any Participant (as defined below) entering the Competition unlawfully or otherwise in breach of local law. You are advised to check or seek advice on your local law before entering the Competition.
- FNG reserves the right, in its sole and absolute discretion, to:
- amend or vary any of the Terms at any time without prior notice and by entering the Competition you agree to any such amended Terms. If FNG amends or varies any Term relating to the collection, retention, use and/or sharing of personal data that has already been collected, such amendments and/or variations will be posted on the Competition website at www.asntm.com; and
- terminate or disqualify any Participant’s entry for the Competition or reclaim and/ disqualify any Prize(s) (as defined below) at any time if, in the sole opinion of FNG, there has been a breach of any of the Terms by such Participant (whether discovered during or after the end of the Competition).
Entry to the Competition
- A “Qualifying Entry” means the successful submission of a completed entry in accordance with these Terms by a Participant together with any other information requested. The completion and validity of the particulars of each entry shall be determined at FNG’s sole discretion.
- A “Participant” means:
- a person aged 18 or above on their date of entry to the Competition; or
- a person aged below 18 on the date of their entry to the Competition whose parent or legal guardian and witness have duly signed the “Confirmation from Parent/Legal Guardian” attached to these Terms and returned it to FNG,
who is a passport holder of, and resides in, one of the following countries, and who submits a Qualifying Entry during the Competition Period:
Hong Kong, Indonesia, Malaysia, Philippines, Singapore, Thailand and Vietnam (“Territories”).
- You may enter the Competition for yourself only once (though you can delete your entry and re-enter the Competition within the Competition Period if you wish).
- Notwithstanding the above, where your entry in the Competition is prohibited or restricted by law or otherwise in your place of residence, it shall be completely void.
- No purchase is necessary to enter the Competition. Employees of FNG and their immediate families and any related companies, sponsors and/or advertising agencies may not enter the Competition.
- This Competition is solely skill based. Chance plays no part in determining the winner. All entries will be judged individually on their merits, as set out in Paragraph 14 below.
- The Competition is open for entries from 26 April 2017 at the end of the airing of episode 4 of Asia’s Next Top Model Cycle 5 Hong Kong time until 11.59pm on 30 May 2017 (the Competition Period). Dates are subject to change at the absolute discretion of FNG.
- Any entry submitted after the close of the Competition Period shall be void.
- The Competition will be announced on the Asia’s Next Top Model Cycle 5 (“AsNTM5”) official Facebook page at https://www.facebook.com/AsNTM5/ (“Site”) after the airing of Episode 4 of AsNTM5. To participate, a Participant must take an “I woke up like this” selfie and post it on the comments section of the Competition announcement on the Site with a creative hashtag caption about the photo.
- There will be three winners selected across the Territories (each a “Winner”) with a Winner being announced each Wednesday commencing on 17th May and ending on 31st May 2017.
- Each Tuesday commencing on Tuesday 16th May and ending on Tuesday 30th May, FNG’s marketing executives will shortlist three Qualifying Entries based on the most creative and original Qualifying Entry. The shortlisted Qualifying Entries will be reposted on the Site on the same day and AsNTM5 fans will be asked to vote for their favourite Qualifying Entry by the next following day. The Qualifying Entry receiving the most AsNTM5 fan votes on the Site will be the Winner of the Competition for that week (e.g. the first Winner will be announced on the 17th May 2017, the second Winner will be announced on 24th May 2017 and the third Winner will be announced on 31 May 2017).
Announcement of Winners
- Each Winner will be notified via private message and will be required to acknowledge receipt within 1 week of the date that the private message notification is sent. If the Winner fails to acknowledge receipt of such notification within such time, they will not be entitled to claim their Prize. FNG reserves the right in its sole and absolute discretion to deal with any unclaimed Prize(s) in any manner. The Winner must exercise their Prize personally.
- Each Winner shall, if required by FNG:
- attend any prize presentation and participate in any advertising, promotional and publicity activities relating to or in connection with the Competition; and/or
- take a photograph with the Prize and post it to the Site;
- provide his/her original Identity Card / Passport for verification of proof of eligibility for receipt of the Prize and address/contact details for receipt of the Prize by post.
- Each Winner will receive a prize to be determined by FNG (“Prize”) which may include a signed picture of an AsNTM5 contestant or judge and/or a gift from an AsNTM5 sponsor.
- The judges’ decisions as to any matter relating to the Competition, including but not limited to any entry eligibility, the winning entry and the Winners, will be final and binding. No correspondence will be entered into about the Competition or the judges’ decisions.
- By participating in the Competition, the Participants:
- agree to the use of their name and/or likeness, without compensation, by FNG and/or any party authorized by FNG; and
- grant FNG and any party authorized by FNG an irrevocable, worldwide, perpetual, royalty-free right and licence to use any material submitted as a part of their entry into the Competition, and any photographs, footage or other material that features or otherwise includes the Winner and the Prize (the Works) in any manner, for any purpose FNG may see fit, in all forms of media now known or hereafter invented;
- to the fullest extent permitted by law, waive any moral rights or similar rights they may have in the Works or any part thereof throughout the world; and
- undertake not to object to any use of the Works by FNG or any party authorized by FNG.
- By entering the Competition, YOu EXPRESSLY agree to:
- ANY INFORMATION YOU PROVIDE, WHETHER AS A PART OF YOUR ENTRY OR OTHERWISE: (i) BEING RETAINED BY FNG; (ii) BEING USED BY FNG, ITS AFFILIATES AND UNAFFILIATED THIRD PARTIES FOR PROMOTIONAL AND/OR MARKETING PURPOSES; AND (iii) BEING PROVIDED TO SUCH THIRD PARTIES AS FNG MAY SEE FIT, FOR ITS PROMOTIONAL, MARKETING, AND AUTHENTICATION AND VERIFICATION PURPOSES;
- BEING SENT PROMOTIONAL AND/OR MARKETING MATERIAL AND/OR OFFERS VIA EMAIL, DIRECT MAIL OR TELEPHONE FROM FNG, ITS AFFILIATES AND UNAFFILIATED THIRD PARTIES; AND
- FNG SHARING YOUR INFORMATION WITH RECEIVING, HANDLING, PROCESSING AND/OR USING THAT INFORMATION OUTSIDE THE COUNTRY WHERE YOU RESIDE OR WHERE THE INFORMATION WAS COLLECTED.
- The Prize is subject to variation at the discretion of FNG, and any change will be final and binding upon every Participant in the Competition.
- The Prize will be given to each Winner as set out in the Terms. Each Winner must accept their Prize in that form. The Prize is non-negotiable, non-transferable, non-refundable and not exchangeable for cash credit or kind, either in part or in full except at the sole and absolute discretion of FNG and is subject to the terms and conditions accompanying it. The Prize cannot be sold or bartered. There is no refund for a partially used Prize. FNG may at its sole and absolute discretion withdraw and/or substitute the Prize with any other item of similar value without notice and without furnishing any reason. The Winner is solely responsible for any and all taxes and/or fees as well as all additional costs that may be incurred in relation to the Prize.
- All particulars submitted by each Participant shall be made in full and frank disclosure. Any misrepresentation may result in disqualification, forfeiture or withdrawal of any Prize won in FNG’s sole discretion.
- FNG shall not be liable in any way for any failure or breach by any party in connection with the Competition, and/or the acceptance and/or use of the Prize, howsoever caused and accepts no responsibility for any loss suffered by a Participant arising from the Competition or the Prize. FNG makes no warranties, representations or guarantee either expressed or implied regarding any Prize including but not limited to any warranty of merchantability or fitness for a particular purpose.
- In all cases FNG will not be held liable for the Prize if it does not reach the Winner for reasons beyond its control.
- The Prize is subject to:
- any rules and regulations pertaining to the claiming of the Prize in the country where the Winner is a resident; and
- the terms and conditions of any third party supplier of the Prize.
- The Winner may be liable for any expenses not specified on the description of the Prize.
- Each Participant shall indemnify FNG, its agents, employees, representatives, associates, affiliates, parent and subsidiary companies against any and all claim, losses, costs, damages, liability and expenses arising out of the Participant’s breach of any of the Terms.
- Each Participant, by entering the Competition, expressly releases FNG from any claim, action or demand arising out of or in connection with the Competition or the Prize, if any. In particular, each Participant acknowledges that elements of the Prize may be provided by third parties over whom FNG has no control, and acknowledge that FNG accepts no responsibility for any claims, actions or demands arising out of or in connection with such elements of the Prize.
- FNG shall not assume any responsibility for incorrect or inaccurate capture of Participant’s information. This will include but is 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.
- If, for any reason, the Competition is not capable of running as planned, including but not limited to the reasons of infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures or any other causes beyond the control of FNG which corrupts or affects the administration security, fairness, integrity or proper conduct of the Competition, FNG reserves the right to disqualify any individual who tampers with the entry process, and to cancel, terminate, modify or suspend the Competition, all without question or need for communication to said party and without FNG being liable to said party in any way.
- Any provision of the Terms that is prohibited or unenforceable in any jurisdiction is ineffective as to that jurisdiction to the extent of that prohibition or unenforceability. That does not affect the validity or enforceability of that provision in any other jurisdiction nor invalidate the remaining provisions of the Terms.
- The law applicable to the Terms is the law of the Hong Kong Special Administrative Region (the HKSAR) and the courts of the HKSAR will have exclusive jurisdiction in case of any dispute arising out of or in relation to the Competition.
FNG’s DATA POLICY
Your entry into the Competition requires you to provide certain personal information (including, but not limited to, your name, photograph, address and/or telephone number) (Data). If you do not provide your Data, your entry into the Competition will be invalid and you will not be able to participate in the Competition.
This data policy describes how FNG will deal with your Data.
Retention of Data
- will not retain the Data longer than is necessary for the fulfillment of the purpose for which the Data was provided;
- will take such steps as are reasonably practical to protect the Data from any loss, misuse, modification, unauthorised or accidental access or disclosure, alteration or destruction; and
- may store and/or transfer the Data outside the country in which you reside or in which the Data was collected.
Use of Data
- may use the Data for purposes of the Competition. This may include displaying the Data on or through the internet;
- may use the Data for such promotional, marketing, publicity, research, profiling, authentication and verification purposes as FNG sees fit, including but not limited to the promotion of FNG’s business, products and services;
- will provide the Data for gain in monetary terms or other property, to such affiliates and unaffiliated third parties as FNG sees fit (including but not limited to agents, contractors, promoters, service providers, prize suppliers and as required by applicable law);
- may authorize such affiliates and third parties to use the data for such promotional, marketing, publicity, research, profiling, authentication and verification purposes as such affiliates and third parties see fit, including but not limited to the promotion of their respective businesses, products and services; and
- will not use the Data for any purpose other than those specified above.
- In relation to 2(b) and 2(d) above, you consent to being sent promotional and/or marketing material and/or offers via email, SMS, direct mail, telephone or otherwise from FNG, their affiliates and unaffiliated third parties.
- You may within thirty (30) days after providing the Data write in to FNG indicating your objection to the use of the Data for the purposes defined in this policy, failing which, you will be taken not to object to FNG’s use of the Data for such purposes.
Access to Data
- You may at any time write in to :
- request access to a copy of your Data;
- request correction of your Data; and/or
- withdraw your consent to your Data being used for particular purposes.
- You must submit any request under (4) or (5) above, or any complaint relating to your Data to https://www.facebook.com/AsNTM5, via Private Message.
CONFIRMATION FROM PARENT/LEGAL GUARDIAN
I certify that I, the parent or legal guardian with legal responsibility for the Participant who is a minor or not of legal age (Minor Participant), do consent and agree on his or her behalf, but also for myself and my heirs, assigns and next of kin, to the terms and conditions set out in the Terms and Conditions of Entry to Asia’s Next Top Model Cycle 5 “I Woke Up Like This” competition (including FNG’s Data Policy) (the “Terms”). I warrant that: (A) I am of legal age and that I have every right to contract in my own name and on behalf of the Minor Participant; (B) other than the statements contained in this Confirmation, no representations have been made to me upon which I am relying or seeking to rely; and (C) I have read and am fully familiar with the contents of the Terms understand that as the parent or legal guardian of the Minor Participant, both I and the Minor Participant are legally bound by it after I sign it.
Execution by Participant:
Parent’s/Legal Guardian’s Date of Signature
In the presence of:
Name of Witness : ______________________________________________
Address of Witness : ______________________________________________