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- General Terms and Conditions for Contests and Drawings
- GENERAL TERMS AND CONDITIONS FOR FACEBOOK, TWITTER AND INSTAGRAM CONTESTS AND DRAWINGS
These General Terms and Conditions govern all contests and drawings sponsored by YesAsia.com (“we” and “us”) on the official YesAsia.com Facebook page, official YesAsia.com Twitter channels and official YesAsia.com Instagram channel. Please refer to the information regarding particular contests and drawings on the official YesAsia.com Facebook, Twitter and Instagram channels for details regarding entry procedures, entry deadline, prize(s) and other important information relating to such contests and drawings. In the case of any conflict between such details regarding a specific contest/drawing and these General Terms and Conditions, the details for such specific contest/drawing will govern.
NO PURCHASE IS NECESSARY AS A CONDITION OF ENTERING THE CONTEST/DRAWING. A PURCHASE WILL NOT INCREASE A PARTICIPANT’S CHANCE OF WINNING.
ANY ENTRANT WHO IS UNDER 18 OR A MINOR IN HIS/HER JURISDICTION OF RESIDENCE MUST HAVE PERMISSION OF A PARENT OR LEGAL GUARDIAN TO ENTER.- Definitions. In these rules we use the following terms with the definitions indicated:
- “Contest” means a competition sponsored by us in which the winner(s) are selected based predominantly on skill, and includes Contest/Drawings in which we select the best idea or suggestion, for example.
- “Drawing” means a competition sponsored by us in which the winner(s) are selected based predominantly on chance.
- “Contest/Drawing” means a competition sponsored by us in which entrants may win a prize, and consists of Contests and Drawings.
- “Contest/Drawing Details” means the details regarding a specific Contest/Drawing, such as prize(s), manner of entry and manner of selection of winner(s), as set forth in or linked from the official YesAsia.com Facebook page, the official YesAsia.com Twitter channels, the official YesAsia.com Instagram channel, the YesAsia.com website or elsewhere such Contest/Drawing is announced by us.
- Submission of Entries: Entries must be submitted in accordance with the applicable Contest/Drawing Details. Entries will not be acknowledged by us. No entries received by physical mail or facsimile will be accepted. A participant may win only once, even if the Contest/Drawing permits multiple entries.
- Originality: If participants are to submit ideas or suggestions, written content, images or other creative content (“Participant Content”) pursuant to the Contest/Drawing, the participant warrants that such Participant Content is his/her original work and that our use of any such Participant Content will not infringe upon or violate rights of any third party, and grants us the irrevocable, worldwide, royalty-free license to modify, publish, promote, and otherwise use and exploit such Participant Content without permission, notice or compensation.
- Eligibility: Participants must already have access to the internet and email. Participants may not be employees of YesAsia.com or our subsidiaries, affiliates, resellers, advertising and promotional agencies or members of their immediate families. Contest/Drawings are not open to individuals under the age of 13. The following individuals are not eligible to participate:
- In the case of Drawings, individuals residing in Belgium, France, India, Malaysia, Norway, Spain or Sweden;
- In the case of all Contest/Drawings, individuals residing in Hong Kong, Macau, countries embargoed by the United States or anywhere that the Contest/Drawing would be prohibited by local law
Residents of Canada may be required to correctly answer a puzzle or math problem before being confirmed as winner of a prize. - Prize(s): Please refer to the Contest/Drawing Details regarding prize(s). A winner (and/or his/her parent or legal guardian if the winner is under the age of 18) may be required to sign an agreement and tax form as a condition of receiving a prize. If a winner is an eligible minor, the prize will be awarded in the name of his/her parent or legal guardian, who must sign and return all required documents. All prizes awarded are non-transferable. Prizes that are not claimed or not awarded because of a failure of the winner to comply with terms and conditions relating to the Contest may be awarded to another entrant or withdrawn in our sole discretion. Winners will be responsible for paying all applicable taxes relating to their receipt of a prize.
- Disqualification: We reserve the right to disqualify any entry that, in our opinion, includes objectionable content, including but not limited to profanity, nudity, potentially insulting, scandalous, inflammatory or defamatory images or language. The selection of winner(s) will be final. The odds of winning depend upon the number of entries received.
- Notification and Announcement of Winner(s): The winner(s) will be notified by e-mail, using the e-mail address provided in the entry to the Contest/Drawing, on or before the date indicated. The winner(s) must respond to such e-mail by the date indicated in the Contest/Drawing Details, providing any information specified in the Contest/Drawing Details. If a response is not received by such date, we reserve the right to award that prize to another participant. If winners are not announced on the YesAsia.com or other website as specified in the Contest/Drawing Details, a list of winners will be provided upon request, provided that such request is received by us by physical mail as provided below on or before the date that is sixty (60) days after the last date for receipt of entries, as provided in the Contest/Drawing Details, and including a self-addressed, stamped envelope (with sufficient postage for return mail from Hong Kong). Requests must be addressed as follows:
Contest/Drawing Administrator
YesAsia.com Ltd.
5/F, KC100,
100 Kwai Cheong Road,
Kwai Chung, New Territories
Hong Kong - Consent; Ownership: All submitted ideas automatically become our sole property. By submitting ideas and personal information, the participant agrees to the use of his/her real name, online alias (if applicable) likeness, and any statements, quotes or testimonials for our promotional and/or marketing purposes without further compensation, except where prohibited by law. The participant also agrees that his/her real name, online alias (if applicable) may be included by us in a list of winners, which may be posted online and/or provided in response to requests received as described under “Notification and Announcement of Winners” above. The participant hereby consents to being contacted by e-mail for matters relating to this Contest/Drawing, regardless of whether he/she has previously indicated that he/she did not wish to receive e-mail communications from YesAsia.com.
- Release: The participant hereby releases YesAsia.com, our subsidiaries and affiliates, and our and their directors, officers, employees and agents from any and all liability for any injuries, losses or damages of any kind caused by any prize or resulting from acceptance, possession or use of any prize. This Contest/Drawing is in no way sponsored, endorsed, administered by or associated with Facebook. Facebook has no association or jurisdiction over this Contest/Drawing. The participant acknowledges that all ideas and information provided is being disclosed to YesAsia.com and not to Facebook. By participating in this Contest/Drawing, the participant completely releases Facebook of any liability with regard to such participation.
- Terms of Use; Privacy Policies: In the case of Contest/Drawings sponsored by YesAsia.com, the Terms of Use and Privacy Policy of YesAsia.com also apply to the extent they do not contradict these Terms and Conditions.
- Additional Terms: We are not responsible for any problem or technical malfunction of any communications network or any late, lost, incorrectly submitted, delayed, ineligible, incomplete, corrupted or misdirected entry whether due to error, transmission interruption or otherwise. We are not responsible for issues resulting from problems with e-mail systems or the internet. We reserve the right to change any terms and conditions and to withdraw this offer without prior notice. Should there be any disputes, our decision is final.
- Governing Law; Restrictions on Claims and Damages: The Contest/Drawing and the rights and obligations of YesAsia.com and participants will be governed and controlled by the laws of the Hong Kong Special Administrative Region (SAR) applicable to contracts made and performed therein without reference to the applicable choice of law provisions, and the Hong Kong SAR will be the exclusive venue for any actions, proceedings, and litigation relating hereto. By entering the Contest/Drawing, the participant agrees that (a) any and all disputes, claims, and causes of action arising out of or in connection with the Contest/Drawing, or any prizes awarded, shall be resolved individually without resort to any form of class action; (b) any claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Contest/Drawing, but in no event attorneys’ fees; and (c) under no circumstances will any participant be permitted to obtain any award for, and the participant hereby waives all rights to claim, punitive, incidental or consequential damages and any and all rights to have damages multiplied or otherwise increased and any other damages, other than damages for actual out-of-pocket expenses.
- Sponsorship: Contest/Drawings are sponsored by YesAsia.com Ltd. as indicated in the Contest/Drawing Details.
YesAsia.com Ltd.
5/F, KC100,
100 Kwai Cheong Road,
Kwai Chung, New Territories
Hong Kong
legal@yesasia.com
+852 2522-1227
- Definitions. In these rules we use the following terms with the definitions indicated:
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