Discovery ‘Guess Who Will Win’ #TeamPhelps or #TeamShark Contest (the “Promotion”)
Terms and Conditions (the “Terms”)
About the Promotion
1. This Promotion is organised and promoted by Discovery Networks Asia-Pacific Pte. Ltd., 21 Media Circle, #08-01, Singapore 138562 (“DNAP”). All participants to this Promotion shall be subject to these Terms or such other terms and conditions that DNAP may impose. DNAP reserves the right to amend these Terms without any prior notice to all participants. By participating in this Promotion, participants shall be deemed to have agreed to and accepted these Terms, and versions as subsequently amended. This Promotion is not endorsed, supported or associated with Instagram in whatever manner.
2. This Promotion starts on Friday, 21 July 2017 12:00 (GMT +8) and continues up to Friday, 28 July 2017 23:59 (GMT +8), and is open to individuals aged eighteen (18) years and above who are residing in Southeast Asia.
Eligibility to Participate
3. Employees of DNAP, and its subsidiaries, divisions, affiliates, authorized dealers/distributors, agents, representatives and their immediate families are not eligible to enter the Promotion.
DNAP reserves the sole and absolute right to disqualify any such person from (i) his or her participation in the Promotion, and (ii) receipt of any prize and/or require the return of any such prizes awarded. In such an event, DNAP reserves the right to select a new winner for the prize and/or dispose of the prize in any manner it deems fit, at its sole discretion.
Rules of Participation
4. This Promotion is a standalone contest on Instagram (“Promotion”) which shall be held during the period Friday, 21 July 2017 12:00 (GMT +8) and continues up to Friday, 28 July 2017 23:59 (GMT +8).
5. To enter the Promotion, participants must follow the instructions that are stated in a post that will be published and advertised on Friday, 21 July 2017 12:00 on the Discovery Channel Southeast Asia Instagram profile and make a submission (“Entry”) as follows:
- Follow @discovery_seasia Instagram page
- Comment on any of the posts published on 21 July, 22 July &
24 July with either #TeamPhelps AND #DiscoverySEA OR #TeamShark AND #DiscoverySEA
- Instagram profile of the participant must not be private.
6. The winning Entries for the Promotion shall be chosen based on a random selection.
7. DNAP reserves the sole and absolute right to disqualify any participant from (i) his/her participation in the Promotion for any reason, and (ii) receipt of any prize and/or require the return of any such prizes awarded. In such an event, DNAP reserves the right to select new winners for the prize and/or dispose of the prize in any manner it deems fit, at its sole discretion.
8. DNAP’s decisions are final and binding in all matters relating to this Promotion. All Entries are subject to verification of eligibility and full compliance with these Terms.
9. Ten (10) winners for the Promotion (“Winners”, each a “Winner”) as determined in DNAP’s sole and absolute discretion will win an exclusive Discovery Channel merchandise (“Prize”). The winner must be residing in Southeast Asia.
10. Each Winner will be notified by DNAP via Instagram Direct Message, and the Prizes will be mailed to their residential address. Each Winner must respond to DNAP and claim his/her prize no later 3 August 2017, 18:00 (GMT +8). In the event that for any reason whatsoever the Winner does not or is not able to claim his/her prize by the stipulated time, whether due to a failure to comply with these Terms, or if the Winner cannot be contacted from the details supplied, the Prizes will be deemed forfeited, and DNAP may select another winner from all of the remaining Entries at its sole and absolute discretion. Non-compliance with these Terms and any other requirements communicated by DNAP to participants may result in disqualification of the participant and the selection of alternate winners at DNAP’s sole discretion.
11. The Prizes are not convertible to cash. In addition, no substitution or transfer of Prizes shall be permitted except at the option of DNAP.
12. Prizes awarded in this Promotion may not be exchanged for cash or any other items, provided that DNAP reserves the absolute right to substitute the Prize with another prize of similar value at its sole discretion. The Prize is strictly non‑transferable. DNAP’s decision regarding the award of all Prizes, and/or in every situation including any not covered in these Terms, shall be final and binding on all participants, and no queries, challenges or appeals may be made or entertained.
13. To the extent permitted by law, no representations or warranties are made as to the quality, suitability or merchantability of any prize (or any part of it) awarded as part of the Promotion. Acceptance of any prize shall, to the extent permitted by law, constitute a full release and discharge of DNAP by the Winners from any and all liability, claims, demands, causes of action, and/or damages which the Winners may have, whether known or unknown at the present time, of any nature whatsoever, arising out of or relating to: (i) the Promotion, (ii) personal injury and/or property damage, theft or loss suffered by the Winners as a result of the use and/or enjoyment of the Prize, and/or (iii) any tax liabilities in relation to the Promotion, Prize and/or use or enjoyment of the same.
Use of Participant’s Information and Materials Submitted
14. Each participant hereby grants his/her consent to DNAP:
(i) to collect personal data/information about him/her in respect of his/her participation in the Promotion (“Personal Data”);
(ii) to process Personal Data for purposes contemplated under the Promotion; and
(iii) to disclose Personal Data to DNAP, and their related companies and other third parties with a need to know only with regard to the implementation and administration of the Promotion.
15. Acceptance of any Prize shall constitute consent by each Winner to allow the use of his/her name, image, voice and/or likeness by DNAP for editorial, advertising, promotional, marketing and/or other purposes without further compensation except where prohibited by law.
16. All right, title and interest in and to all Promotion entries and all copyright and other rights in such entries and/or other materials, including entries, shall automatically vest in and becomes the property of DNAP upon submission and shall not be returned. The participant agrees to provide a written assignment of all rights to DNAP, if requested. By submitting the Promotion entries and any other materials (save for any personal information) to DNAP in connection with the Promotion, each participant thereby (a) specifically authorizes DNAP to use and/or license third parties to use such entry in whole or in part, throughout the universe, in perpetuity in or on any and all media, now known or hereafter devised, and alone or together or as part of other information, content and/or material of any kind or nature; and (b) represents and warrants that all elements contained in the Promotion entry or other material (i) is original to the participant and fully cleared for use as contemplated herein, (ii) does and will not, in any way, violate or breach any of the terms of any other agreement the participant may be a party to, (iii) does not contain libellous, slanderous, defamatory, tortious, or otherwise unlawful, untrue or inaccurate information, infringe or violate any copyright or other right, or contain any matter the publication or sale of which will violate any law, including federal or state statute or regulation, (iv) is not obscene or in any other manner unlawful or likely to cause offense, (v) is not in any way cruel, abusive, nor involved any injury or hurt being caused to animal(s), (vi) is not contrary to or in breach of any internationally or generally accepted principles of human rights, and (vii) shall not require DNAP to pay or incur any sums to any person or entity (including, but not limited to, participant) as a result of DNAP’s use or exploitation of the same.
17. Each participant shall indemnify DNAP and their agents, employees, representatives, associates, affiliates, parent and subsidiary companies, associates and partners against any and all claim, losses, costs, damages, liability and expenses arising out of the participant’s breach of any of these Terms.
18. To the extent permitted by applicable law, each participant, by entering the Promotion, expressly discharges and releases DNAP from any claim, action or demand arising out of or in connection with the Promotion or their prize, if any.
Force Majeure and Technical Faults
19. If for any reason this Promotion is not capable of being carried out as planned, due to, without limitation, infection by any computer virus, bugs, tampering, unauthorised intervention, fraud, technical failure, act of God, war (whether or not declared), political coup or insurrection, rebellion, labour dispute, fire, epidemic, storm, flood, typhoon, explosion, legal enactment, government directive, order or regulation, any law or regulation having force of law or any other reason or cause beyond the control of DNAP, which corrupts or affects the administration security, fairness or integrity or proper conduct of this Promotion, DNAP reserves the right in its sole discretion to cancel, terminate, modify or suspend the process for this Promotion without any liability to any participant whatsoever, and to disqualify any individual who tampers with the entry process.
DNAP is not responsible for, and will not accept nor entertain any correspondence relating to, any problems or technical malfunction of any telephone network or lines, computer on-line systems, servers, or providers, computer software and/or equipment, failure of any e-mail account or any combination thereof that relates to or affects a participant’s participation in the Promotion.
Modification of Terms
20. Without liability and responsibility to all participants, DNAP shall be entitled at its sole discretion, to terminate or modify the Promotion or to modify these Terms at any time prior to the closing date of the Promotion, by posting the revised Terms on the Discovery Channel Southeast Asia Instagram profile.
Limitation of Liability
21. DNAP shall not be liable for any loss or damage whatsoever which is suffered (including but not limited to direct or consequential loss) or for any personal injury suffered or sustained in connection with the use of any prizes except for any liability which cannot be excluded by law.
22. The Promotion does not require any permits from any authority in the territories listed above.
23. The terms for this Promotion will be governed and construed according to the laws of Singapore and by participating in the Promotion, each participant submits to the exclusive jurisdiction of the courts of Singapore in the determination of any matter or dispute arising in connection therewith.