Asia’s Next Top Model Cycle 6 – BANGKOK MARRIOTT HOTEL THE SURAWONGSE CHALLENGE COMPETITION
TERMS AND CONDITIONS OF ENTRY
THE ASIA’S NEXT TOP MODEL CYCLE 6 BANGKOK MARRIOTT HOTEL THE SURAWONGSE CHALLENGE SKILL BASED COMPETITION (“COMPETITION”) IS ORGANIZED BY FOX NETWORKS GROUP ASIA PACIFIC LIMITED (THE PROMOTER). THESE TERMS AND CONDITIONS APPLY TO ALL INFORMATION COLLECTED BY THE PROMOTER AND ITS RELATED COMPANIES AS DATA CONTROLLER AND AS A CO-OWNER OF INFORMATION WHERE THE PROMOTER OPERATES COMPETITIONS FOR ITS CLIENTS AND OTHER PARTNERS.
1. By submitting an entry to the Competition:
- a. you acknowledge that you have read and understood these terms and conditions of entry (“Terms”) which include information on how to enter, how the winner will be determined, the prizes, and how personal data will be collected, retained, used and shared;
- b. you expressly agree to be bound by these Terms, including in particular those relating to the collection, retention, use and sharing of personal data; and
- c. you confirm you do not breach any law in your country of residence, including without limitation, the legality of entering the Competition.
2. The Promoter will not be responsible for any Participant entering the Competition unlawfully or otherwise in breach of any local laws. You are advised to check or seek independent legal advice on your local laws before entering the Competition.
3. The Promoter reserves the right, in their sole and absolute discretion, to:
- a. 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 the Promoter 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 Asia’s Next Top Model Cycle 6 official Facebook page at https://www.facebook.com/AsNTM6/ (“AsNTM6 Facebook Page”) and/or the official Instagram profile at: Instagram.com/asntm (“AsNTM Instagram Profile”); and
- b. terminate or disqualify any Participant’s entry for the Competition or reclaim and/or disqualify any Prize(s) (defined below) at any time if it is in the sole opinion of the Promoter that 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
4. A “Qualifying Entry” means the successful submission of an entry into the Competition in accordance with these Terms together with any other information requested. The completion and validity of the particulars of each entry shall be determined at the Promoter’s sole discretion.
5. A “Participant” means a person:
- a. aged 18 or above on their date of entry to the Competition (other than for Taiwan where a person must be aged 20 or above on their date of entry into the Competition); AND
- b. who is a valid passport holder of, and resides in, one of the following countries, and who submits a Qualifying Entry during the relevant Competition Period: Hong Kong, Indonesia, Malaysia, Myanmar, Philippines, Singapore, Taiwan, Thailand, Vietnam (collectively, the “Territories”); AND
- c. If travel is required, the Participant plus any guests must have a valid passport for six (6) months (subject to the destinations requirements) and be eligible to apply for a valid travel visa to the relevant destinations.
6. 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.
7. You may enter the Competition for yourself only once.
8. No purchase is necessary to enter the Competition. Employees of the Promoter, their immediate families and any related companies, sponsors and/or advertising agencies may not enter the Competition.
9. This Competition is solely skill based. Chance plays no part in determining the winners. All entries will be judged on their merits, as set out below.
10. The Competition is open from 00.00:00 hours on 2nd November 2018 to 23:59:59 hours on 16th November 2018 (Hong Kong time) (the “Competition Period”). The Competition Period is subject to change at the absolute discretion of the Promoter.
11. Any entry submitted after the close of the relevant Competition Period shall be void.
12. To participate, Participants are required to submit their most creative answer to “Why you deserve a holiday at the Bangkok Marriott Hotel The Surawongse” in the comment section on the AsNTM6 Facebook Page including the hashtag #MarriottChallenge; and via Instagram tagging @AsNTM and with the hashtag #MarriottChallenge.
13. At the end of the Competition Period, one winner (“Winner”) will be selected by the Promoter, based on the creativity of their answer.
Announcement of Winners
14. The Winner will be notified by direct message within 5 days after the Competition Period (“Private Message”). A public announcement of the winner may also be posted on the AsNTM Facebook
15. The Winner will be required to acknowledge receipt of the Private Message by providing the information requested in the Private Message (including but not limited to full name, age, phone number, address, email, copy of passport ID and copy of valid travel visa (if applicable)) to the Promoter by no later than  days after the Private Message is sent, failing which the Prize will be forfeited automatically and the Promoter shall be free to deal with the Prize in any manner as it sees fit.
16. The Winner must exercise their prize personally.
17. The Winner will receive:
- (a) Hotel accommodation for 2 nights in a deluxe room (one room to be shared with the Winner’s travel companion) at the Bangkok Marriott Hotel The Surawongse including a 30 minute massage voucher for two persons, dinner voucher at Praya Kitchen for two persons and 2 standard cocktail vouchers at Yao Roftop Bar; AND
- (b) Two Marriott hotel vouchers worth USD300 each to be utilised by 30 March 2019 (not including 21 December 2019 to 1 January 2019 and 1 February 2019 to 10 February 2019);
(collectively, the “Prize(s)”)
18. The Promoter reserves the right in its sole and absolute discretion to change any Prize as it sees fit and deal with any unclaimed Prize in any manner. Any change will be final and binding upon every Participant in the Competition.
19. The Winner shall, if required by the Promoter provide his/her original Identity Card / Passport for verification of proof of eligibility for receipt of the Prize.
20. The Prize will be given to the Winner as set out in these Terms. The Winner must accept the relevant Prize in that form.
21. 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 the Promoter and is subject to the terms and conditions accompanying the Prize. The Prize cannot be sold or bartered. There is no refund for a partially used Prize. The Promoter may at its sole and absolute discretion withdraw and/or substitute any Prize with any other item of similar value without notice and without furnishing any reason. Unless otherwise stated, 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.
22. The Promoter shall not be liable in any way for any failure or breach by any party in connection with the Competition or the Prize and accepts no responsibility for any loss suffered by any Participant or a Winner arising from the Competition or the Prize.
23. The Promoter makes no warranties, representations or guarantees either expressed or implied regarding the Prize including but not limited to any warranty of merchantability or fitness for a particular purpose.
24. In all cases, the Promoter will not be held liable for the Prize if it does not reach the Winner for reasons beyond its control.
25. The Prize is subject to:
- a. any rules and regulations pertaining to the claiming of the Prize in the country where the Winner is a resident; and
- b. the terms and conditions of any third party supplier of the Prize.
26. The Winners may be liable for any expenses not specified on the description of the Prize.
27. The Promoter’s decisions as to any matter relating to the Competition, including but not limited to any entry eligibility, the winning entry and the Winner, will be final and binding. No correspondence will be entered into about the Competition or the Promoter’s decisions.
28. By participating in the Competition, the Participants:
- a. agree to the use of their name, photograph, caricature, voice, biographical material and/or likeness, without compensation, by the Promoter and/or any party authorized by the Promoter in connection with the Competition; and
- b. grant the Promoter and any party authorized by the Promoter an irrevocable, worldwide, perpetual, royalty-free right and licence to use any material submitted as a part of their entry into the Competition, the Entry Photo and any footage or other material that features or otherwise includes the Winner (collectively, the “Works”) in any manner, for any purpose the Promoter may see fit, in all forms of media now known or hereafter invented;
- c. warrant that the Works are original in which the Participant owns all rights;
- d. 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;
- e. undertake not to object to any use of the Works by the Promoter or any party authorized by the Promoter; and
- f. without in any way limiting the scope of the Terms, hereby release the Promoter or any party authorized by the Promoter from any and all claims and causes of action for libel, slander, invasion of rights of privacy or publicity, or for any other claim or cause of action based upon, relating to, or in connection with the use made by the Promoter or any party authorized by the Promoter of any of the rights granted above.
29. Participants shall uphold the good name, image and reputation of the Promoter and its affiliated companies, the Competition and any channels owned and/or operated by Promoter at all times and Participants shall not make any statements or engage in conduct which is likely to damage or bring into disrepute the name and/or image and/or reputation of Promoter and its affiliated companies.
Terms for Travel and Accommodation
30. The travel and accommodation elements of the Prize must be consumed together at the times and on the dates stipulated by the Promoter.
31. Where applicable, the Winner of the Prize must ensure that they and their companion have valid travel documents during their travel and for six (6) months thereafter, and must provide such identification and/or other documentation as the Promoter may request in order to enable the Promoter to book the flights and accommodation that form a part of the Prize.
32. Reservations for flights and hotels must be made prior to the usage of the Prize, which are subject to availability at the time of request for use.
33. No change in travel arrangements can be made once the booking is confirmed.
34. All government, federal, state and local taxes and duties levied in connection with the prize won, together with all customs and immigration fees, airport taxes, visa fees, insurance, gratuities, any fees imposed by any relevant governments and authorities, and other expenses of a personal nature are the sole responsibility of the Winner.
35. Any rules and regulations pertaining to the claiming of the Prize for each of the countries where the Participant is a resident apply.
36. All Participants are expected and deemed to understand and acknowledge the inherent risks and hazards present when traveling. The Promoter will not be liable for any illness, injury or death sustained whilst traveling.
37. If any travel or accommodation arrangements are cancelled for any reason, or where the performance or prompt performance of the Promoter’s contractual obligations is prevented due to force majeure, the Promoter shall in no event be liable nor pay any compensation of any kind. For the purposes of this section, “force majeure” means any event in which the Promoter and/or their agents could not, even with all due care, foresee or avoid. Such circumstances may include war, threat of war, civil strife, industrial dispute, flight cancellations, terrorist activity, natural or nuclear disaster, fire, sickness, quarantine, adverse weather conditions and all similar events outside the Promoter’s control.
38. You should familiarize yourself, before departure, with the precautions recommended by your country’s health authority or other health authorities for travel.
39. By entering the Competition, you expressly agree to the Promoter’s Data Policy set out at the end of these Terms.
40. All particulars submitted by each Participant shall be made in full and frank disclosure. Any misrepresentation may result in disqualification, forfeiture or withdrawal of the Prize won in the Promoter’s sole discretion.
Liability, indemnity and release
41. Each Participant shall indemnify the Promoter, its agents, employees, representatives, associates, affiliates, parent and subsidiary companies against any and all claim, losses, costs, damages, liability and expenses arising out of such Participant’s breach of any of the Terms.
42. Each Participant, by entering the Competition, expressly releases each of the Promoter, its agents, employees, representatives, associates, affiliates, parent and subsidiary companies from any claim, action or demand arising out of or in connection with the Competition or a Prize, if any. In particular, each Participant acknowledges that the Prize or elements of the Prizes may be provided by third parties over whom the Promoter has no control, and acknowledge that the Promoter accepts no responsibility for any claims, actions or demands arising out of or in connection with such elements of such Prize.
43. The Promoter shall not assume any responsibility for incorrect or inaccurate capture of the Participants’ 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.
44. 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 the Promoter which corrupts or affects the administration security, fairness, integrity or proper conduct of the Competition, the Promoter 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 the Promoter being liable to said party in any way.
45. In the event of any dispute arising or relating to the Competition, the Participant and the Promoter agree to first use their best endeavours to resolve the dispute promptly and amicably, by good faith negotiation before commencing any court/legal action.
46. By participating in this Competition, the Participant hereby agrees that he/she shall not, directly or indirectly, give, promise or offer and undertake not to give, promise or offer money, donations, gifts or other benefits whatsoever in order to influence with corrupt intent the Promoter or any private person or business, or any employee or official of any government or government related establishment or public international authority, any political party (or candidate or official), or anyone acting on the Promoter’s behalf, in the exercise of authority or in connection with obtaining any improper benefit or advantage with respect to this Competition or any matter covered by these Terms or otherwise take any action (or fail to take action when required) that would violate any applicable laws, including but not limited to, the United States Foreign Corrupt Practices Act, the U.K. Bribery Act or any applicable local laws and/or regulations.
47. 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.
48. The law applicable to the Terms is the law of the Hong Kong Special Administrative Region (“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.
THE PROMOTER’S DATA POLICY
Your entry into the Competition may require you to provide certain personal information (including, but not limited to, your full name, date of birth, telephone number, email address and passport/identity card number) (Data). If you do not provide your Data as requested, your entry into the Competition will be invalid and you will not be able to participate in the Competition.
This data policy describes how the Promoter will deal with your Data.
Retention of Data
1. The Promoter:
- a. will not retain the Data longer than is necessary for the fulfilment of the purpose for which the Data was provided;
- b. 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
- c. may store and/or transfer the Data outside the country in which you reside or in which the Data was collected.
Use of Data
2. The Promoter:
- a. may use the Data for purposes of the Competition. This may include displaying the Data on or through the internet;
- b. may use the Data for such promotional, marketing, publicity, research, profiling, authentication and verification purposes as the Promoter sees fit, including but not limited to the promotion of the Promoter’s business, products and services;
- c. will provide the Data for gain in monetary terms or other property, to such affiliates and unaffiliated third parties as the Promoter sees fit (including but not limited to agents, contractors, promoters, service providers, prize suppliers and as required by applicable law);
- d. 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
- e. will not use the Data for any purpose other than those specified above.
3. 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 Promoter, its affiliates and unaffiliated third parties.
4. You may within 30 days after providing the Data, write to the Promoter 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 the Promoter’s use of the Data for such purposes.
Access to Data
5. You may at any time write in to :
- a. request access to a copy of your Data;
- b. request correction of your Data; and/or
- c. withdraw your consent to your Data being used for particular purposes.
6. If you reside in the Philippines, you may also at any time request access to:
- a. the manner by which your Data was processed;
- b. the names and addresses of recipients of your Data;
- c. the reasons for the disclosure of your Data to those recipients; and/or
- d. the date when your Data was last accessed and modified.
Contacting the Promoter
7. You must submit any request under paragraph 5 above, or any complaint relating to your Data to the AsNTM6 Facebook Page.