MIX fm ’s Subaru Palm Challenge
SPECIAL TERMS AND CONDITIONS
The following Special Terms and Conditions (hereinafter referred to as “Special Terms”) apply for the „MIX fm’s Subaru Palm Challenge‟ hereinafter referred to as the “Contest”)
to be run on MIX fm (hereinafter referred to as the “Radio Station”). The Contest will run
on 25 October 2008.
These terms and conditions apply in conjunction with the RADIO Station General Contest Rules and Regulations (hereinafter referred to “General Terms”). Where there is
inconsistency between the Special Terms and the General Terms, the Special Terms will prevail. By participating in the Challenge, the participants agree to be bound by the Rules and Regulations and hereby expressly agree to follow, abide by and adhere to the Rules and Regulations. Non-compliance with or any breach of any of the Rules and Regulations shall immediately disqualify the participant from any participation at any stage of the Challenge, and any prizes won shall be forfeited, withheld or withdrawn.
Both these terms and conditions can be downloaded from the Radio Station‟s website http://www.mix.fm.
METHOD OF ENTRY
From 6 October 2008 to 25 October 2008 MIX fm will be inviting listeners to register for the Contest on 25 October 2008 at The Pavilion Kuala Lumpur by submitting registration form at registration counter.
DURATION OF THE PROMOTION
The duration of the on-air promo is from 6 October 2008 to 25 October 2008. On-ground event MIX fm‟s Subaru Palm Challenge will be held on 25 October 2008 at The Pavilion
NATURE OF THE PRIZE (S)
Grand Prize at the finale in Singapore is one Subaru Impreza S-GT. Or else last man standing for Malaysian team wins SGD 5,000 cash. All 300 registrants will receive a goody bag each.
The grand prize for the Challenge is a Subaru Impreza S-GT. The car offered as the grand prize does not include Certificate of Entitlement (COE), GST, Vehicle Registration, Road Tax, Insurance or any other costs involved in registration and ownership of the vehicles. Subaru reserves the right to substitute, add to or alter the grand prize or any other prizes offered. All prizes are not exchangeable for cash. The car offered as grand prize is transferable and must be registered within 3 months from the date the winner is announced. The winner shall be responsible for paying all taxes, duties and other fees arising from the transfer, ownership and registration of the car.
All qualifiers are required to register personally on Saturday 25 October 2008 at The Pavilion Kuala Lumpur at 8am to 11am with their identity cards. No proxies are allowed and qualifiers that are not present for registration at the designated date, time and venue stated will be disqualified from entering the Challenge. Participants who qualify must be available 24 hours a day from 8am Saturday 25 October 2008 onwards.
Final contestants will be decided randomly by lucky draw among the registered qualifiers on Saturday 25 October 2008, at 11am. Each final contestant will be assigned a contestant number, which will be worn on T-shirts provided by MIX fm. There will be a total of two cars for the Challenge. Each contestant‟s number must correspond with a palm decal on each car. All participants will be required to sign a Deed of Acknowledgement, Release and Indemnity before commencing the Challenge.
The final 60 contestants will be required to place their right palms on their designated palm decals on the designated vehicles from 1pm Saturday, 25 October 2008 onwards. To remain in the Challenge, the contestant‟s palm must remain flat on the vehicle surface and
he/she is not allowed to lift or move his/ her right palm from his/her designated palm decal, except when authorized to do so by MIX fm/ Subaru Marshalls. If a contestant moves or lifts his/her palm from his/her designated palm decal, he/she will be disqualified immediately. There will be authorized MIX fm/ Subaru Marshalls who will be constantly monitoring all the contestants for the duration of the Challenge.
Contestants will be given a 5-minute break every 6 hours. These 5-minute breaks can be used to use the toilets and/or eat and drink in the Hospitality Tent(s). Participants must take their breaks at the stipulated time; the 5-minute breaks are not negotiable, tradeable or transferable and cannot be accumulated. Participants shall not communicate or have any contact with their family members or relatives or friends during the Challenge, including the 5-minute breaks, except during the 5-minute break scheduled at 7pm (daily), where they are allowed contact with ONE family member, relative or friend.
In the event that more than ten contestants are remaining on the vehicles at 1am Sunday 26 October 2008, a further challenge will be issued to such remaining contestants to decide the final winning contestant. MIX fm will determine the terms and conditions of such challenge at its sole and absolute discretion.
OTHER SPECIFIC CONDITIONS
5.1 Mix fm‟s Subaru Palm Challenge (the “Challenge”) is open to all Malaysian Citizens
and Permanent Residents aged 18 years and above as of 1st January 2008, except employees of AMP Radio Networks (“AMP”) and their immediate families, employees of sponsoring companies and their advertising agencies.
5.2 There will be no swapping of contestant numbers, contestants T-shirts or vehicle placement at any point of the Challenge.
5.2 For medical reasons, pregnant women, people who suffer from anxiety/panic attacks, arthritis of the spine, back, neck, knees or legs are also not eligible.
5.3 Contestants are not permitted to take any food, beverage or any item (e.g. sandals, clothes, etc) offered from the public, family, relatives during the Challenge. Contestants can only consume food and beverage provided by MIX fm.
5.4 During the designated breaks, contestants will not be allowed to leave the restricted area, which includes the stage, toilet(s) and Hospitality Tent(s).
5.5 At no point during the Challenge will the doors, windows, bonnet or boot of the vehicles be allowed to be opened.
5.6 Contestants are not allowed to shower, bathe or shave. They are not allowed to use any personal hygiene/cleaning devices such as wet wipes, tissues, talcum powder, etc during the Challenge. Any medication necessary are to be taken only during designated breaks.
5.7 If there is any act of physical violence (e.g. punching, slapping) or any sort of unruly behavior between any of the contestants at any point, the contestants involved will be immediately disqualified, at MIX fm sole discretion.
5.8 Any acts of violence against the contestants, Marshalls, Organisers or any other persons may be reported to the Police.
5.9 Contestants are not allowed to relieve themselves (e.g. urinate) in their clothes during the period of the Challenge.
6.0 The MIX fm/ Subaru Marshalls and other MIX fm representatives may issue instructions to the contestants from time to time during the Challenge which the contestants must comply with. The instructions will only be issued in English. If any contestant is not clear about any of the instructions, the contestant should clarify with the MIX fm/ Subaru Marshalls or representatives immediately. For the avoidance of doubt, MIX
fm shall not be responsible if any of the contestants should misunderstand or misinterpret such instructions.
6.1 If any contestant behaves in a manner which is unfair to any other contestant or behaves in any other inappropriate manner, as determined by a panel of judges from MIX fm and Motor Image (the “Judges”) at their sole and absolute discretion, the contestant
shall be disqualified. All decisions made by the Judges are final.
6.2 In the event that any contestant needs any medical attention, MIX fm will assist in transporting the said contestant to the nearest medical/hospital facility. However, all medical expenses will be borne by such contestant and MIX fm shall not be liable or responsible for any failure or delay in providing such transportation or medical attention, or any losses, damages or injuries whatsoever or howsoever caused arising from the provision of such transportation or medical attention.
6.3 Contestants are not permitted to smoke during the period of the Challenge except during the designated breaks. Contestants are also not permitted to consume drugs or alcohol during the period of the Challenge (including the designated breaks).
6.4 Use of mobile phones is prohibited except during the designated breaks. Contestants will not be allowed to wear sunglasses, hats or caps. No personal belongings (e.g. mobile phones, wallets, etc) will be permitted either. All belongings must be kept with family members for safekeeping. However, crucial items needed by the contestants during breaks are to be pre-packed by the contestants in individual-labeled zip-lock bags which will be kept by his/ her designated ONE family member or friend.
6.5 MIX fm personnel will, prior to commencement of the Challenge at 1pm, Saturday 25 October 2008, conduct a body-search of all the contestants, and the contestants shall permit the relevant MIX fm personnel to do so.
6.6 In the event of any dispute, the decision of the Judges shall be final. The selection and number of Judges shall be at the sole discretion of MIX fm and Motor Image. The Judges‟ and/or MIX fm‟s decision at all stages of the Challenge is final. No enquiries,
appeals, verbal or written, shall be entertained. All contestants shall accept and abide by any and all decisions made by MIX fm and/or the Judges concerning, without limitation, the rules of participation, the rules, procedures and regulations of the Challenge, the award of prize(s) and any other matters relating to the Challenge including the production thereof.
6.7 MIX fm does not undertake any responsibility to ensure that prize(s) will be delivered by the sponsors or otherwise to any prize winner. No obligation will be incurred by MIX fm or its related/affiliated companies, officers, employees and/or agents, by reason of the contestants‟ participation in the Challenge or by reason of anything done or omitted to be done by the contestants as a result or on account of this Challenge. MIX fm shall not be liable or responsible for any and all losses, damages, costs and/or expenses (of any nature whatsoever) suffered by any contestant arising from any failure or refusal, for whatever reason, to deliver or transfer, whether by MIX fm or any sponsor, the prize or make good on any promise or offer to the contestants.
6.8 All disqualifications and decisions pertaining to Contestants and/or Winners will be decided by the Radio Station‟s Programme Manager and/or the Radio Station‟s Senior
Marketing & Promotions Manager only. The decision of the Radio Station is absolute and final. Appeals will not be entertained.
5.4 All Contestants shall ensure that the items chosen to be broken in this Contest belong to them. The Radio Station shall not be responsible or liable for any form of damage in this Contest.
5.5 Contestants may be required to conduct live on-air crosses / interviews with the Radio Station announcers or ground personnel at anytime throughout the duration of the Contest.
5.6 All Contestants must obtain prior written consent of the Radio Station before participating in any commercial or non-commercial activities / advertisements / interviews / promotions in connection with the Contest in any media other media other than the Radio Station. Failure to do so may result in disqualification.
5.7 The Winners are obliged to take all reasonable steps to ensure their own safety and
general appropriateness of activities undertaken during the holiday trip and acknowledges
that all activities undertaken are at Winner‟s own risk.
5.8 The Radio Station reserves the right to discontinue, add to or alter these rules at
any time without notice to the Contestants.
The other Radio Station General Contest Rules and Regulations will also apply (see
USE OF PHOTOS, FILM FOOTAGE, INTERNET
All Contestants acknowledge that it is a condition of entry that the Radio Station, Airtime
Management and Programming Sdn Bhd and Go Holiday (hereinafter referred to as the
“Organizes”) have the right to publicise their names, characters, likenesses or voices of any
of the participants for any promotional or matter incidental to the Contest, including
publication by way of radio broadcast, television program/broadcast, internet or any other
medium at the absolute discretion of the Organizers.
The Prize Winners may also be required by the Radio Station to participate in a photo,
video and/or film session and acknowledges that the Radio Station have the right to use
such publicity photos, videos and/or films in any medium and in any reasonable manner it
Contestants also acknowledge that their photo/video footage may be used for any
promotional display at any location and/or other locations chosen by the Organizers.
It is a condition of entering this competition that Contestants consent to their entry being
read out on air and to allow their telephone and other conversations with the Radio Station
or its personnel to be broadcast on air, if applicable.
It is a condition of entry that the Contestants consent to being filmed or videotaped by any
party authorised by the Radio Station and that the resulting videotape or film or any part
thereof may be used by the Radio Station or a party authorised by the Radio Station for
unlimited purposes including but not limited to the promotion of this Contest or any
promotional programmes in all media.
Each Contestant acknowledges that all photos, sound recordings, film, video, radio
broadcasts, television broadcasts, material appearing on the Radio Stations website and
any other material created by the Radio Station or its authorised representatives in relation
to the promotion (“the material”) is the sole and exclusive property of the Radio Station or
its authorised parties and is protected by copyright and trade mark laws.
The Contestants must not use, copy, reproduce, publish, modify, adapt, transmit,
communicate to the public, broadcast, re-broadcast, make a sound recording of or
distribute the material in any way unless expressly authorised in writing by the Radio
Station. Each Contestant indemnifies the Organizer and their related corporations, staff,
employees and contractors against all expenses, losses, damages and costs that the
Organizer or their related corporations, staff , employees or contractors may sustain or
incur as a result, whether directly or indirectly, of any breach of the terms and conditions
by a Contestant.
All Contestants release from, and indemnify the Organizer, its respective employees,
officers, directors, agents, affiliates, parent, subsidiaries, representatives and its
advertising agencies from and against any liabilities, suits, claims, demands, costs or
expenses including attorney fees, arising out of or in any way related to participation in the
The Contestants release from and indemnify the Organizers against all liability, cost loss or
expense arising out of acceptance and/or usage of any prize(s) or participation in the
Contest including (but not limited to) personal injury and damage to property and whether
direct or consequential, foreseeable, due to some negligent act or omission or otherwise.
Contestants must sign a general release of all claims in order to participate in this Contest.
Contestants waive any and all claims of liability against the Organizers its respective
employees, officers, directors, agents, affiliates, parent, subsidiaries, representatives and
its advertising agencies from any accident, loss and/or injury occurring as a result or
consequence of this Contest.
The Organiser and the Radio Station are not liable for any injuries, loss and damages
incurred during the holiday trip.
All Contestants accept that certain elements of the Contest and promotion must remain
confidential and not be discussed with anyone other than the Radio Stations personnel
unless permission is given by the Radio Station. This includes friends, family, members of
the media etc.
Contestants must not at any time (either during or after the promotion) for any reason
divulge any trade secret, confidential information, programming or promotional or other
information of the Radio Station or any related body corporate to any other person or
In this clause “Confidential Information” means all information relating to the Contest
promotion which is not generally known to persons outside the Radio Station. The
Contestants must on demand return to the Radio Station any documents supplied to the
Contestants in connection with the promotion.
9. Prizes are non-transferable
10. Winners will be responsible for any and all expenses including taxes incurred in relation to their receipt of the prize(s)/purchases. Winners will also be responsible for any
and all costs incurred from the collection, transportation and installation of the prize(s)/
11. Employees and their immediate families of the Organizer its respective employees, immediate family members, officers, directors, agents, affiliates, parent, subsidiaries,
representatives and its advertising agencies are not eligible to participate in this promotion.
12. The Organizer will not be responsible or liable if for any reason beyond their reasonable control any element of any prize is not provided and may at its absolute
discretion substitute a different prize in place of any prize referred to in these terms and
13. All Winners must sight the Special and General Terms and sign the deed of acknowledgement and indemnity a standard form prescribed by the Radio Station in order
to participate in this Contests.
14. The Organizer may terminate this Contest at any time at its absolute discretion without liability to any Contestant or other person at anytime without giving any reason
15. In all matters, all decisions of the Radio Station‟s personnel will be final and cannot
be contested. No correspondence or discussions will be entertained.
Airtime Management & Programming Sdn Bhd (403472-D)
All Asia Broadcast Centre,
Technology Park Malaysia
Lebuhraya Puchong-Sg Besi,
Bukit Jalil 57000
Re: Letter of Indemnity - MIX fm’s Subaru Palm Challenge
I, ____________________________________ (NRIC: ________________________)
have read, understood, agree and accept the terms and conditions of the promotion above
and the MIX fm’s General Contest Rules and Regulations and I hereby agree to release,
indemnify, protect and hold harmless MIX fm and its affiliate Airtime Management &
Programming Sdn Bhd (“AMP”), AMP‟s affiliated entities and Motor Image from and against
any and all claims, demands, losses, damages, costs, expenses (including reasonable
attorneys‟ fees) and liabilities, whether direct or indirect and for damage or alleged damage
arising from this promotion and prize.
1. I, fully understand and acknowledge that THE CHALLENGE IS POTENTIALLY
DANGEROUS and in choosing to participate, I acknowledge that I ACCEPT ALL RISKS
ASSOCIATED WITH THE CHALLENGE and that such acknowledgement is a condition
precedent to me taking part in any capacity in the Challenge.
2. I warrant that I have not at any time suffered any blackout, seizure, convulsion,
fainting or dizzy spell, back, leg, arm or neck injury, or heart complaint and am not
presently receiving treatment for any illness, disorder or injury which may render it unsafe
for me to take part in the Challenge.
3. I have undergone a medical examination by a qualified medical practitioner who
has certified that I am fit to participate in the Challenge.
4. I for myself, my executors, administrators and other personal representatives
acknowledge that MIX fm its related/affiliated companies, and their respective officers,
employees, servants and agents will not be responsible or liable for, and release and
forever discharge MIX fm, its related/affiliated companies and their respective officers,
employees, servants, agents and all persons authorized by it or them or any of them from,
any claim, liability, damages, cost, loss or expense whatsoever in respect of:
? Any injury or health problems to me (including nervous shock) and including any
injury or health problems resulting in mental or physical illness whether temporary
or permanent and injury or health problems resulting in death;
? Loss of earnings or earning capacity;
? Any impairment of enjoyment of life;
? Loss of or damage to my property and personal belongings;
? Pain and suffering;
? Death; and/or
? Any loss of any other kind whatsoever arising out of my participation in the
Challenge or arising from compliance with the attached Rules & Regulations and I
agree that this Deed of Acknowledgement, Release & Indemnity (“Deed”) may be
pleaded to any such claim.
5. The releases contained in Clause 4 shall operate in respect of any loss or damage
sustained or suffered however caused, including loss or damage suffered due to the
negligence, omission, lack of reasonable foresight, lack of reasonable care or failure to take
adequate precaution by MIX fm, its related/affiliated companies and their respective
officers, employees, servants and/or agents.
6. I warrant and acknowledge that I have not relied upon any expertise,
representation, warranty or statement whatsoever of MIX fm, its related/affiliated
companies and/or their respective officers, employees, servants or agents in choosing to
participate in the Challenge and I further acknowledge that MIX fm has advised that neither
it, nor its related/affiliated companies, their respective officers, employees, servants or
agents have any experience or expertise whatsoever in relation to the activities involved in
the Challenge. I understand that MIX fm and its related/affiliated companies, their
respective officers, employees, servants or agents are not actually suppliers of such
7. I hereby indemnify and will keep MIX fm, its related/affiliated companies and their
respective officers, employees, servants or agents indemnified against any claim, demand,
writ, summons, suit, action, proceeding, judgement, order, decree, damages, costs, loss or
expense of any nature arising out of any breach of representation, warranty or undertaking
herein or my participation in the Challenge.
8. I warrant that I am at least 18 years of age as at 1st January 2008.
9. In the event that any clause or part-clause of this Deed is deemed invalid or
unenforceable, then the remaining clauses and part-clauses shall remain in full force and
effect, and so far as possible, the said clause or part-clause shall be deemed modified to
the minimum degree possible so as to comply with applicable law and be valid and
10. This Deed shall be governed by and construed in accordance with Malaysia law.
11. If this Deed is translated into any other languages, such other language versions
are for reference only and shall not be used in the interpretation of this Deed. The English
version shall prevail in all circumstances.
12. I acknowledge that I may be required by MIX fm to participate in interviews, photo,
video and/or film sessions and acknowledge that AMP and MIX fm has the right to use such
interviews, publicity photos, videos and/or films in any medium and in any reasonable
manner it sees fit, without payment of any compensation whatsoever. I therefore grant and
assign to MIX fm and AMP the entire copyright and other intellectual property rights of the promotion in all media and technology.
I further acknowledge that I will undertake to provide MIX fm and/or AMP with the relevant
letter of indemnity (attached herewith) on behalf of my family and/or guests that are
involved in this promotion.
(Winner’s Name: )
(Witness Name: )