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23 Feb, 2024 Integration Activity in several areas More Info

CNY TikTok Live Auction T&Cs

  1. General
    1. Tune Talk Sdn. Bhd. (“Tune Talk”) is organising a TikTok Live Auction (“Auction“) in conjunction with Chinese New Year.
    2. The Auction are governed by the Terms and Conditions (“Terms and Conditions”) mentioned herein.
    3. Tune Talk reserves the right to cancel or modify the Auction and the Terms and Conditions at any time without prior notice. Any changes will be posted on Tune Talk’s tunetalk.com (“Website”) and/or any of its social media platforms namely Facebook, Instagram, and Twitter (“Tune Talk’s Social Media Platform”).
    4. The Auction shall commence on 28th February 2024 from 8:00 pm until 9:30pm (“Auction Period”).
  2. Qualifying Contestant
    1. You may participate in the Auction by following the rules stated at Section D herein of this Terms and Conditions.
    2. By participating in the Auction at any time during the Auction Period, you as a participant, hereby agree:
      1. to this Terms and Conditions;
      2. to indemnify Tune Talk against all claims in relation to your participation in these Auction and/or breach of the Terms and Condition contained herein;
      3. that any decision of Tune Talk concerning the Auctions shall be final and conclusive;
      4. at the request of Tune Talk, you shall furnish Tune Talk with any information required to verify your entry pertaining to this Auctions.
      5. to provide consent to Tune Talk for processing your Personal Data (as defined in the Personal Data Protection Act (“PDPA”) in accordance with PDPA.
    3. Employees of Tune Talk and its affiliates in participating countries, advertising, and promotion agencies of Tune Talk together with their employees, and immediate family members and/or those living in the same household of each of the aforesaid persons are not eligible to participate in these Auctions.
    4. Tune Talk reserves the sole right at any time during the Auction Period to disqualify and/or exclude any entries from the Auctions, for any reason and for no reason, including without limitation, violation of any of these Terms and Conditions.
  3. Auction Items
    ItemNumber of ItemsItem Worth
    iPhone 15 Pro 128GBTwo (2)Worth about RM5,499 per unit
    Samsung S24+ 256GBThree (3)Worth about RM4,899 per unit
    Shopee vouchersFive (5)RM100 each
  4. Submission of Entries, Rules and Qualifying Criteria
    1. The Auction is open to only those Tune Talk Subscribers who are residing in Malaysia (“Eligible Participants”).
    2. To participate in the Auction, Eligible Participants must:
      • Participate in the bidding session during the Auction Period.
      • Participants shall be required to comment their biding price in the TikTok Live’s comment tab/section by following the minimum increment of RM50 or the multiple of RM50 (eg: RM50,RM100, RM150, etc). For the avoidance of doubt, any bids not adhering to this format shall be declared invalid and voided.
    3. Each bidding session shall only last for five (5) minutes.
    4. The participant with the HIGHEST bid after the auction ends shall be eligible to purchase the item in the Auction and in the event the participant does not purchase the item as required, Tune Talk reserves the right to ban and/or invalidate any future bidding from the same participant and the auction item will be afforded for purchase to the second HIGHEST BID.
    5. Tune Talk shall announce the successful bidder within 24 hours after the Auction Period.
    6. Successful bidders shall be required to send a direct message to Tune Talk’s TikTok account and undergo a phone call for verification purposes. The successful bidder shall then complete the payment within 30 minutes after the phone call.
    7. Payment for the item(s) purchased shall be made in full with instant bank transfers only.
    8. Tune Talk shall not be held liable in the event the successful bidder(s) is/are not reachable or contactable for any reasons.
    9. All entries must be submitted during the Auction Period only.
    10. The decision of Tune Talk shall be final and not to be disputed.
    11. There are no limits to the number of times the Eligible Participants can take part in the Auctions.
    12. To qualify for participation in the Auctions, each entry submitted must strictly adhere to all the guidelines and the Terms and Conditions contained herein. In the event where the participant has failed to comply to the Terms and Conditions contained herein, the said entry shall be deemed disqualified.
    13. Entries that are incomplete, illegible and/or fraudulent shall be disqualified immediately.
    14. Eligible Participants must not cheat or engage in any attempt to cheat or plagiarise the entry.
    15. Tune Talk shall not be responsible if the comment entry or the post entry uploaded to TikTok by Eligible Participants is removed by the respective social media platform for any reason.
    16. You shall hold Tune Talk and all its officers, directors, and employees free and harmless from any liability arising from claims or suits of third parties, including cost and expenses incidental thereto, in connection with the use of the comment entry or the Auctions itself.
  5. Selection of Successful bidder
    1. The selection of successful bidder is final, and no correspondence shall be entertained.
    2. Eligible Participants automatically relinquish all rights or claims to any and/or comments submitted pursuant to the Auction and agree for these materials to be used by Tune Talk for the purpose of advertising and promotion.
  6. Item Redemption
    1. All item auctioned are given on an “as is” basis and are not exchangeable for other items or vouchers, in part or in full.
    2. Tune Talk reserves the right to amend or change the auction items without any prior notice.
    3. Tune Talk and its associated agencies and companies shall not be liable for any loss (including, without limitation, indirect or consequential loss, damage, or person’s negligence) in connection with any aspect of the Auctions or the auction items.
    4. A copy of the Terms and Conditions herein must be signed and endorsed by the successful bidder upon request by Tune Talk.
    5. All auction items are used and/or taken entirely at the risk of the successful bidder, and Tune Talk excludes all warranties in connection with any auction item to the extent permitted by law.
    6. Acceptance of any the auction items shall constitute consent on the successful bidder’s part to allow the use of the successful bidder’s name, image, voice, and/or comment by Tune Talk for editorial, advertising, promotional, marketing and/or other purposes without further compensation except where prohibited by law. Acceptance of any auction item shall constitute a release and discharge of Tune Talk by each successful bidder from any and all liability, claims, demands, causes of action, and /or damages which the successful bidder may have, whether known or unknown at the present time, of any nature whatsoever, arising out of or relating to : (i) the Auctions , (ii) personal injury and / or property damage, theft or loss suffered by the successful bidder as a results of the use and/or enjoyment of the auction items, and or (iii) any tax liabilities in relation to the Auctions, auction items and/or use or enjoyment of the same.
    7. Tune Talk’s decision regarding the award of all auction items, and/or in every situation including any matters not covered in these Terms and Conditions, shall be final and binding on all Eligible Participants in the Auctions, and no queries, or appeals may be made or entertained regarding Tune Talk’s decision on the same. The receipt by any successful bidder of any auction item under the Auctions is conditional upon compliance with all applicable laws, rules, and regulations.
  7. Prohibited Content
    1. Prohibited content includes, but is not limited to, contents which, in Tune Talk’s sole judgement and own discretion:
      1. is offensive to the public or community, such as content that promotes racism, politically religious agendas, defamatory in nature, inflammatory religious content, violence, foul language, bigotry, hatred, or physical harm of any kind against any group or individual;
      2. includes ingredients that are offensive to other religious practices and/or Tune Talk’s competitive products that appear in the photos;
      3. harasses or advocates harassment of another person;
      4. involves the transmission of “junk mail”, “chain letters,” “spam,” or any other unsolicited mass mailing, e-mailing, or other communication;
      5. includes any information that the Eligible Participants know is false or misleading, promotes illegal activities or conduct that is abusive, or is threatening, obscene, defamatory, or libellous;
      6. constitutes or includes any illegal or unauthorised copy of another person’s copyrighted or copyrightable work, including, but not limited to, pirated computer programmes or links to them, information which circumvents manufacturer-installed copyright-protected devices, pirated music, or links to pirated music files;
      7. displays obscene, pornographic, or sexually explicit material of any kind;
      8. includes material that exploits people in a sexual or violent manner;
      9. provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
      10. is found offensive, obscene, indecent, or improper as specified in the Malaysian Communications and Multimedia Content Code.
  8. Data Protection
    1. By participating, Eligible Participants consented to or grant Tune Talk and its affiliates the permission to use their name, photograph or image for future advertising and publicity purposes in connection with the Auction in any and all media without additional compensation, notification or permission.
    2. At times Tune Talk may retain third parties to process Eligible Participant’s entries. All such third parties are contractually obliged not to use the Eligible Participant’s personal data in any way other than those, which are specified herein.
    3. Under Malaysian law, the Eligible Participant’s rights include:
      1. the right to obtain a copy of the personal data which we hold about the Eligible Participants (we reserve the right to charge a small fee for the exercise of this right); and
      2. the right to have incorrect personal data we hold about the Eligible Participants corrected.
    4. If Eligible Participants wish to raise any data protection issue with Tune Talk, or exercise any of their legal rights, they are to contact Tune Talk’s Customer Care by calling 13100 or 03-2771 7000 from 8.00 am to 10.00 pm daily.
    5. Tune Talk may take reasonable precautions to keep the Eligible Participants’ personal data secure and require third party data processors to do the same. Please note, however, that Tune Talk may release the Eligible Participants’ personal data if required to do so by law, or by search warrant, subpoena, or court order.
  9. Use of Personal Information
    1. Information – All information, including personal information (“Information”) submitted or known to Tune Talk and/or its affiliates in connection with the Auctions shall only be used for the purposes set out in and treated in accordance with these Terms and Conditions and those stipulated in the Privacy Policy of Tune Talk at its official website (“Privacy Policy”). Please refer to https://www.tunetalk.com/privacy-policy/
    2. Use of Information – In addition to those stipulated in the Privacy Policy, by entering the Auctions, you agree:
      1. to the use of the Information, without compensation, for Tune Talk’s promotional and marketing purposes; and
      2. to the use of the Information, without compensation, for the purpose of administration in relation to the Auctions.
    3. Everyone participating in these Auctions acknowledges that in respect of any Information from her/him pursuant to the Auctions:
      1. She/he is authorised to disclose such Information; and
      2. Such disclosure complies with any Malaysian privacy legislation, and we have the right to use such Information as contemplated by the Auctions (including, without limitation, the disclosure of such Information to Tune Talk’s external agencies or third parties).
    4. Provision of Information to Third Parties – We shall not sell or otherwise transfer the Information to unaffiliated third parties without the approval of the Eligible Participants.
  10. Liability and Responsibility
    1. The successful bidder shall assume full liability and responsibility in case of any liability, mishap, injury, loss, damage, claim or accident (including death) resulting from their participation in the Auctions, redemption and/or usage of the auction item. Tune Talk shall not be responsible for any liability, mishap, loss, damage, claim or accident (including death) suffered by third parties or the Eligible Participants in any manner whatsoever during and/or after the Auctions resulting from or arise out of the Auctions.
    2. All costs and/or any other costs, fees and/or related expenses that are incurred to participate in the Auctions and to redeem the auction items are the sole responsibility of the successful bidder.
  11. Rights of Tune Talk
    1. Tune Talk reserves the right to alter, amend or add to these Terms and Conditions at any time without prior notice.
    2. To the extent permitted by law in Malaysia, the Eligible Participants hereby irrevocably waive all current and future moral rights of the photos or videos and licence Tune Talk and its affiliates the right to use, reproduce, distribute, modify, alter and integrate the content of the photos without restriction.
    3. Tune Talk shall reserve the right to publish, use the names and/or photographs and/or videos of the successful bidder as materials for the purposes of advertising and/or trade publicity, without any prior notice to the successful bidder and the successful bidder shall not be entitled to claim ownership or other forms of compensation for the materials.
    4. Decisions from Tune Talk are final and in no way can the Eligible Participants have further discussions or appeal that shall alter Tune Talk’s final decision.
    5. Tune Talk at its sole discretion, reserves the right to modify, suspend or cancel the Auctions in the event that it becomes incapable of running as planned, technically interfered or corrupted, including but not limited to infection by computer viruses, bugs, tampering, unauthorised intervention, fraud, technical failures, or any other causes beyond the control of Tune Talk, despite the best efforts of Tune Talk, or for any reason whatsoever without the need to disclose such reason.
    6. Tune Talk reserves the right, at its sole discretion, to disqualify any Eligible Participant(s) that is/are found or suspected of tampering with the Auctions submission process. Tune Talk reserves the right to disqualify any person (including Eligible Participants) who it reasonably suspects has violated or infringed any of these general Terms and Conditions and Tune Talk reserves the right to pursue legal action against any individual it believes has undertaken fraudulent activities or other activities harmful in relation to The Auctions.
  12. Other Terms and Conditions
    1. By participating in The Auctions, Eligible Participants agree to be bound by The Auction’s Terms and Conditions, and the Terms and Conditions of the usage of the telecommunication service provided by Tune Talk, as well as the decisions of Tune Talk.
    2. Where the terms herein are translated into a language other than the English Language, in the event of any inconsistencies, conflict or discrepancies between the terms and conditions set out in the English Language version and that of the language(s), the English Language version shall prevail.
    3. The Terms and Conditions herein shall be governed by and construed in accordance with the laws of Malaysia.