8TV - Terms & Conditions

Jukebox Morning

The Making of at 10:30 AM

Terms & Conditions

GENERAL

ITV CHAT & PRIVATE CHAT

SMS CONTEST

GENERAL

WEB SITE USE AND ACCESS AGREEMENT

Users of the 8TV web site should read the Terms & Conditions carefully before accessing or using this web site.

Metropolitan TV Sdn. Bhd. (124833 A), a company incorporated under the rules of Malaysia operates 8TV Websites. Metropolitan TV maintains this web site (the "Web Site") as a service to its customers and is to be used for informational purposes only. 8TV ("Web Site") is a portal that is owned by 8TV.

Please read this agreement carefully before using the Web Site. Access to this Web Site is subject to the terms and conditions set forth below. Your use of the Web Site signifies your acceptance of this agreement. 8TV reserves the right to make changes in the programs, policies and services, including the terms of use of this document, described in this Web Site at any time without notice. A user who uses, or makes decisions based on information contained in this Web Site does so at the user's own risk. By accessing this Web Site, the user agrees to hold 8TV and its affiliates harmless against any claims for damages arising from any decisions that the user makes based on such information.

RESTRICTIONS

This Web Site is owned and operated by 8TV. Modification of any material from this Web Site or use for any other purpose is a violation of 8TV copyright and other proprietary rights. Use of any such material from this Web Site on any other web site or computer environment is prohibited. Material from this Web Site or any other web site owned, operated, licensed or controlled by 8TV may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any manner without the consent of 8TV.

TRADEMARKS AND COPYRIGHTS

All names, symbols, logos and marks appearing in this Web Site, except as otherwise noted, are trademarks owned or used under license by 8TV or its affiliates in the various countries where 8TV markets products or services bearing such trademarks. The use of these trademarks or any other material on this Web Site is prohibited. Any articles, stories and/or news items ("Works") appearing on the Web Site will bear the appropriate credit to the author/ creator and/or publisher. All works published are copyrighted and any manner of reproduction and distribution of the same are strictly prohibited.

LINKED WEB SITES

8TV is responsible, subject to the disclaimer provisions below, only for the content of web sites that are owned or maintained by 8TV or one of its affiliates. Because another web site is linked to this Web Site does not imply that: (a) 8TV sponsors, licenses, endorses, is affiliated with or is otherwise connected to the Web Site, the products or services described therein or its owner, and (b) 8TV has authorized the linked Web Site to use any trademark, trade name, logo or other trademarked or copyrighted material of 8TV.

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PRIVACY POLICY

8TV will not be responsible for submissions made directly by the user to the advertiser in response to any advertisement posted in the Website. The advertisers on the Website understand and agree that 8TV will not be responsible for the accuracy and correctness of information submitted by the users in any of the interactive feature. All personal data held by us will be kept confidential but we may, where such disclosure is necessary to satisfy the purpose, or a directly related purpose, for which the data was collected provide such information to the following parties:-

1. Any subsidiaries, holding companies, associated companies or affiliates of or companies controlled by or under our common control;

2. Any other person who is under a duty of confidentiality to us who has undertaken to keep such information confidential; and

3. Any financial institutions, charge or credit card issuing companies, credit information or reference bureaux, or collection agencies necessary to establish and support the payment of any services being requested.

DISCLAIMER

Information contained in this Web Site, including that in the "Works", is provided "as is" and "as available" and without warranties of any kind either express or implied. 8TV does not warrant that the functions contained in the materials will be uninterrupted or free from errors, that defects will be corrected, or that this Web Site or the server that makes it available are free of viruses or other harmful components. 8TV disclaims liability for and does not warrant or make any representations regarding the use interpretation or results of the use of materials in this Web Site in terms of their correctness, accuracy, timeliness, reliability or otherwise. You use the Website entirely at your own risk. You must evaluate, and bear all risks associated with the use of any information contained in this Website, including that in the "Works", including reliance on the accuracy, completeness or usefulness of any content. You should seek your own independent advice with respect to such information. Although we will use reasonable endeavours to maintain the Content, we do not undertake to provide support or maintenance services for the Content.

LIMITATION OF LIABILITY

Under no circumstances shall 8TV or any affiliate or holding company be liable for any damages, direct, special, incidental, consequential, punitive or exemplary or otherwise, that result from the use of, or the inability to use, the materials in this Web Site, even if 8TV or an 8TV authorized representative has been advised of the possibility of such damages. You specifically agree that 8TV is not responsible or liable for any threatening, defamatory, obscene, offensive or illegal content or conduct of any other party or any infringement of another's rights, including intellectual property rights in relation to this Web Site. If you are dissatisfied with the service offered by the Web Site, or with the materials available on or through the Web Site, or with any of 8TV' terms and conditions, your sole and exclusive remedy is to not use the Web Site and/or to inform 8TV to remove and delete information from the 8 Byte database.

JURISDICTION

As this Web Site is operated by 8TV from within Malaysia, this agreement shall be governed by and enforced in accordance with the laws of Malaysia. If a court of competent jurisdiction finds any part of this agreement void or unenforceable, the remainder should be enforced and the court should use its authority to amend it in order to fulfill the stated purposes of this agreement to the fullest extent permitted by law.

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1. Definitions

"8TV" means Metropolitan TV Sdn. Bhd., its successors-in-title and assigns;

"The Advertiser" means a person, firm or company making a booking or otherwise than thorough or by means of an advertising agent or agency and includes its successors-in-title and assigns;

"The Agent" means a person, film or company carrying on the business involving the selection or purchase of advertising time for persons wishing to advertise;

"The Retail Client" means the Advertiser who is a retailer by virtue of the classifications in Appendix D hereto;

"The Client" means the Advertiser and/or the Agent as the case may be, and shall include the Retail Client where not expressly stated otherwise;

"Air Time Agreement" means the agreement entered into between 8TV and the Client of the purchase of air time;

"Sponsorship Agreement" means the agreement entered into between 8TV and the Client for the purpose of sponsoring a programme;

"The Agreements" means either or both of the following :

Air Time Agreement

ii.

Sponsorship Agreement; or any other agreement between the parties wherein these terms and conditions have been incorporated by reference;

"The Advertisements Material" means and includes any slide, filmlets, videotapes and any other material intended for transmission by 8TV;

"Date of Transmission" means the date of intended transmission of the Advertisement Material and where there is more than one date of transmission, the Date of Transmission means the date of the first transmission;

"Working Day" means a day other than Sunday or a public holiday;

"Confirmed Booking" means a booking confirmed by 8TV and in the case of the Air Time Agreement only, by the use of form ATPD.

"The Technical and Language Requirements" means the requirements as set out in Appendix C.

2. Advertisement Material

The Advertisement Material submitted by the Client must:

satisfy the Technical and Language Requirements of 8TV;

comply with the Perbadanan Kemajuan Filem Nasional Malaysia Act 1981 and the Broadcasting Act 1987(and any amending or superseding Act);

comply with any other laws, bye-laws, rules and regulations from time to time in force in Malaysia;

comply with the "Advertising Code for Television and Radio" and any other advertising code or guidelines issued by the Ministry of Information from time to time and any other amendments/revisions thereto.

3. Acceptance of Advertisements

Bookings and confirmation of air time must be made not less than fourteen (14) working days prior to the Date of Transmission.

The Advertisement Material and transmission instructions must be delivered to 8TV not less than seven (7) working days prior to the date of transmission.

Delivery of the Advertisement Material shall be deemed to have been made only when the Technical and Language Requirements have been met and the relevant transmission instructions have been given.

Transmission instructions must be made or confirmed by the Client in writing by letter, telex, telegram or facsimile to 8TV.

8TV shall not be liable for any error or accidental misuse of the Advertisement Material during transmission; or

ii.

8TV may cancel the booking and at its discretion impose a surcharge under paragraph 8 below as if the cancellation had been made by the Client.

If 8TV decides that the Advertisement Material is unsuitable, 8TV shall notify the Client who must submit alternative advertisement material as soon as possible and in any case not later than five (5) working days prior to the Date of Transmission.

Provisions of paragraph 3.(e) (ii) shall also apply if:

no alternative advertisement material is supplied by the Client; or

ii.

the alternative material is also unsuitable.

The provisions of paragraph 3. (a) to 3(g) above shall be without prejudice to any special arrangements for bookings made at shorter notice.

8TV reserves the right, in its absolute discretion, and without incurring any liability whatsoever to the Client to:

decline to transmit any advertisement without any reason in writing for so declining but the client shall nit be liable to pay for any advertisement not transmitted;

ii.

fade, edit or cut the advertisement or any part thereof which in the opinion of 8TV contains unsuitable material but the Client shall remain liable to 8TV for the charges payable hereunder or by virtue of the Agreements.

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4. Dates/Times of Transmissions

8TV will endeavour to transmit the advertisement at the dates and times booked and confirmed but 8TV does not warrant than the dates and/or times of transmission shall be adhered to.

If an advertisement is not transmitted on the day and in a segment of the rate arranged, 8TV shall offer a transmission at some other time and/or some other date in the segment of the rate bearing the same values as that originally booked.

8TV reserves the right, in its absolute discretion and without incurring any liability whatsoever to the Client to:

reschedule confirmed bookings of air time if conflicts arise between the products or programmes as a result of bookings for sponsorship;

ii.

place all airtime booked under a previous programme title into a new programme title if the previous programme title has been changed;

iii.

pre-empt any spot booked.

The Client shall notify the Marketing Department of 8TV of any technical errors or incorrect materials used in its advertisements within forty eight (48) hours of transmission, failing which, the advertisement shall be deemed to have been correctly transmitted and shall be invoiced accordingly.

5. Unavailability Of Title In Sponsorship

8TV does not warrant that the Title stated in the Sponsorship Agreement shall be available on the Date of Transmission.

whether or not 8TV has a reasonable opportunity to inform the Client of the new title;

ii.

the Client's refusal or failure to endorse the change when informed.

6. Force Majeure

Notwithstanding any other term and condition herein or in the Agreements, 8TV shall not be deemed to be in breach nor otherwise be liable to the Client for any delay, failure or interference in transmission of the advertisement caused by circumstances beyond its reasonable control of 8TV such as, but not limited to, war, civil disturbance, order of government ministry or department or public authority, fire, flood, natural catastrophe, royal demise, labour dispute, lock-out, withdrawal of services or supplies or other services or transport (public or otherwise) or act of God or breakdown in equipment or other inevitable accident.

Upon the happening of any of the events above the obligations of 8TV and any period of time then running shall be suspended for the period of the event plus such time as may be required to resume normality.

Without prejudice to paragraph 6.(b) above, if any of the events above results in 8TV's transmission activities being restricted curtailed or prevented, 8TV may at any time, notwithstanding anything in these terms contained forthwith determine the Agreements without prejudice to 8TV's right to be paid by the Client as at the time of such determination.

7. Rate Structure

Rates of advertisements shall be determined in accordance with the rates specified in Appendix A or Appendix B, whichever applicable.

While as much notice as possible shall be given of all changes 8TV reserves the right to change classifications, time segments and/or rates at two (2) weeks notice.

ii.

The Client concerned shall, by serving written notice to 8TV within seven (7) working days of receipt of notice of change, be entitled to terminate the Agreements or cancel any booking Agreement affected by the change.

iii.

The new rates shall be effective and apply to advertisements transmitted only after the end of 8TV's notice period.

8. Cancellations

Without prejudice to any antecedent rights of 8TV, the Client may cancel confirmed bookings (except in the case of paragraphs 8.(d) below) upon giving the written notice to 8TV and subject to the payment of the following surcharges:

No. of Days from Date of Written Notice To Date of Transmission		Surcharge % of Gross Rate
i.	More than 30	10%
ii.	20-29	30%
iii.	10-19	50%
iv.	Less than 10	100%

Any written notice of cancellation shall take effect only upon receipt by 8TV.

8TV may at its absolute discretion allow the rescheduling of certain bookings to a date no later than thirty (30) days from the Date of Transmission.

Save the cancellations provided for in this condition, the Client shall not be entitled to terminate or cancel a Sponsorship Agreement for any reason other than provided for. The Client shall be liable to pay for in full the Gross Value.

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9. Material and Property Liability

8TV shall make available to the Client free storage facility for the Advertisement Material for up to two (2) weeks from the date of the last transmission.

The Client shall be liable for storage charges if the Advertisements Material is not reclaimed by the Client at the end of the two-week period.

Unless otherwise instructed in writing the Advertisement Material may be destroyed by 8TV if not collected for a period of one (1) month from the date of the last transmission without further reference to the Client.

8TV shall not be held liable for any loss or damage whatsoever of the Client's property and however cause whether in the studios, in transit or during storage.

10. Record of Telecast

All dates and times of transmission shall be recorded in a log book maintained by 8TV.

The contents of this log book shall, in the event of any dispute whether in respect of the Client's account or otherwise, except in the case of manifest error, be taken as final and conclusive proof of such transmission.

11. Accounts

Payment shall be made in Malaysian Ringgit.

Accounts are payable upon production of invoice and invoices shall normally be rendered weekly.

In the event of any dispute regarding the invoice, the Client shall notify 8TV within fourteen (14) working days from the date of the invoice, failing which, the invoice shall be deemed correct.

Save for accounts payable under paragraph 11.(e) below, all accounts shall be settled no later than three (3) working days before the Date of Transmission and in default of payment, 8TV shall be entitled without prejudice to its other remedies for breach of contract to refuse to transmit the advertisement.

Accounts payable by an accredited client in accordance with the terms and conditions of accreditation set out in Appendix D shall be paid not later than forty five (45) days after the date of 8TV's invoice.

In the event that the Client who is an accredited client fails to comply with the provisions of 11.(e), 8TV may, after giving a warning in writing to the Client, require any future accounts to be dealt with in accordance with paragraph 11.(d). Further 8TV reserves the right to remove the Client from its list of accredited clients.

An unsettled account whether under paragraphs 11.(d) or 11.(e) above shall be subject to an immediate surcharge on a daily basis of 1.5% per month of such outstanding amount with effect from the last date by which it ought to have been paid.

8TV reserves the right at any time to review and vary the surcharge and/or the dates on which the surcharge should apply.

An accredited client shall be entitled to a discount of 3/4% and 3/8% for payments made within fifteen (15) and thirty (30) days respectively of the date of the invoice.

All payments of accounts shall be made in full and the Client shall have no right to claim any set off or to make any counterclaim in any proceedings brought by 8TV in respect thereof.

12. Warranties and Indemnities

The Client warrants and undertakes that:

the Advertisement Material complies with the requirements set out in paragraph 2 above;

it has obtained or shall at its own expense obtain the necessary licenses and consents for the use of any copyright material or the appearance of any person in its advertisements.

the Advertisement Material does not contain:

false, inaccurate or misleading information about the product or other object of the promotion;

ii.

statements defamatory of any third party;

it shall indemnify and keep 8TV indemnified in the event of any breach of the above warranties or in any manner whatsoever in consequence of the use recording or broadcasting in the form submitted or prescribed of the Advertisement Material supplied by or transmitted for the Client, against all actions, proceedings, penalties, claims and demands arising in any manner whatsoever including any royalties payable upon each transmission of the Advertisement Material.

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13. The Retail Client

Where the Advertiser is a retailer it shall be eligible for the retail rates in Appendix B.

The retail Client warrants, inter alia, that the Advertisement Material:

shall contain material promoting the image of its store; and

ii.

shall not contain any material, including but not limited to an audio and/or visual message, capable of being construed as advertisement of a specific product brand name.

Without prejudice to the other provisions of this Rate Card regarding the placement of bookings of airtime, the Retail Client may select the time segment for transmission of the Advertisement Material but 8TV shall at its sole discretion decide when the advertisement should appear in the selected segment.

For the avoidance of doubt, the Retail Client shall be subject to all other provisions of this Retail Card as are applicable to the Advertiser and/or Agent generally.

14. Advertising Agencies

Where the Client is an advertising agent the Agent shall be deemed to contract as principal in all respects and as such shall be personally liable, inter alia, for the payments of accounts.

In the event that the Agent is replaced by another agent ("the new Agent") on the authorization, express or implied, of the Advertiser during the operational period of the Agreements the Agent shall notify 8TV forthwith of such change.

The terms and conditions of the Agreements and herein shall be binding on the new Agent with effect from the date of its appointment.

The Agent shall not be discharged from any liability incurred prior to the date of appointment of the new Agent unless 8TV has given its approval in writing to an alternative arrangement between the relevant parties.

15. Publicity And Information Concerning Advertisements

No client shall without the prior consent of 8TV publish any information in connections with any advertisement which has been or is to be transmitted by 8TV.

APPENDIX E: Advertising Agency Accreditation

The following are our terms and conditions governing accreditation with us:

Agency Establishment

1.1

The agency must have a staff with proper training and experience in advertising and competent to handle TV advertising efficiently.

1.2

The agency must not have any financial interest in any other advertising medium.

1.3

Advertising must be the principal business and interest of the agency.

Bank Guarantee

2.1

The agency shall furnish a Bank Guarantee in a favour of 8TV or a cash deposit for a minimum of MR50, 000.00 or an equivalent of 2 months average billings whichever is higher.

2.2

For advertising agencies with past spending records with 8TV, the 2 months average billings will be based on the total spending of a year while for new advertising agencies, the immediate order shall be used to determine the required guarantee. The deposit or guarantee will be renewed on the 1st of January every year. The form of Bank Guarantee will be as prescribed by 8TV as in Appendix G.

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Credit Facilities

3.1

A credit of 45 days from the date of our statement will be granted.

3.2

The agency will be granted a credit limit not exceeding the amount stated in the Banker's Guarantee or deposit.

3.3

8TV shall allow a cash discount of 3/4% for agencies who settle their account within 15 days from the date of monthly statement and 3/8% if settled within 30 days.

3.4

The agency will be granted a credit limit not exceeding the amount stated in the Banker's Guarantee or deposit.

The agency must bill its client strictly in accordance with our rates as stated in our current rate cards.

Accreditation Certificate

4.1

On meeting the above conditions, the agency will be accorded full accreditation of 1 year during which time accreditation may be withdrawn at any time for a breach of the conditions of the accreditation mentioned above. The agency shall be obliged to furnish appropriate financial and other information which will include evidence of the agency's authority to act for an advertiser and the extent of such authority.

Agency Commission

5.1

The accredited agency shall be allowed an agency commission of 15% of the value of airtime purchased and broadcasts executed under contracts and for which payment has actually been received.

Agencies are Prohibited

6.1

To pay or allow discount or abatement or any fee, bonus or reward to any advertiser or employee of an adviser.

6.2

to re-sell or sub-let any broadcasting time.

Upon being accredited, the agency shall observe the Terms and Conditions of Accreditation as well as the general Terms and Conditions set forth in the rate card which is then applicable.

APPENDIX C: Technical and Language Requirements

The following are the requirements for the commercial transmission of slides, filmlets and videotapes.

Technical Requirements

SLIDE
Format: Betacam
Slide transmission can be in 7, 10 or 15 seconds with sound and capable of multi-slide transmission, subject to the following conditions:

For a 7-second slide transmission, only one slide is allowed.

For a 10-second slide transmission, only two slides are allowed.

For a 15-seconds slide transmission, a maximum of three slides are allowed. The interchange of the slide preferably shall occur at equal time interval to ease sequencing.

ii.

FILMLET
Type: Betacam

iii.

VIDEOTAPE

System	:	PAL CCIR 625 lines/50Hz
Tape Speed	:	24.30cm/sec (Format B) 24.30cm/sec (Format B)
Tape Speed	:	23.98cm/sec (Format C) 9.53cm/sec (U-Matic Highband) 10.15cm/sec (Beta SP)
Vision	:	0.7v
Sync	:	0.3v
Audio	:	OVU (+8dBm)
Colour	:	High Band

iv.

NUMBER OF COPIES FOR SUBMISSION

A client needs to submit only one (1) copy of the commercial slide, filmlet or videotape.

QUALITY

Types:
a. 8TV reserves the right to reject any commercial material it considers not of broadcast quality.

b. All materials for submission to 8TV must be clearly labeled with the following information:

Name of advertising agency

ii.

Brand name of product

iii.

Commercial duration

iv.

Version of commercial

Language

vi.

Copies of approval certificates (where applicable, from Ministry of Information, Censorship Board, Finas and other authorities).

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Language Requirements

For Malay programmes, voice track of commercials shall be in Bahasa Malaysia.

ii.

For Chinese programmes, voice track of commercials can either be in Chinese, Bahasa Malaysia or English.

iii.

For Tamil/Hindi programmes, voice track of commercials can either be in Tamil, Bahasa Malaysia or English.

iv.

For English programmes, voice track of commercials shall be in Bahasa Malaysia or English.

All commercial end-supers must be descriptive and in Bahasa Malaysia.

APPENDIX D: Classification of Retail Client

Single Line Stores
These stores usually specialize in certain lines such as dry goods, apparel, furniture, hardware or groceries.

Specialty Stores
These are exclusive stores aimed at a carefully defined market segment. They usually offer "personality" to products and feature one class of merchandise, for example, boutique, high fashion for men and women, sporting goods, leather goods etc.

Department Stores
These stores handle a wide range of goods from women's ready-to-wear dresses, men's accessories to piece goods, houseware and home furnishings. The stores are distinctly compartmentalized into departments or sections.

General Stores
These stores usually carry a wide range of products to cater the needs of a community.

Supermarkets/Mini Markets
These stores are usually easily accessible and strategically located to serve the community. They carry a variety of merchandise from fresh foodstuff to kitchenware and basic household needs.

One Stop Shopping Centres
These are modern shopping complexes with various kinds of department stores all under one roof.

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APPENDIX F (Name and address of the Agent)

To 8TV
(address)

Dear Sirs,
NOTICE OF CHANGE OF ADVERTISNG AGENTS

This is to inform you that with effect from (date of appointment) (name and address of new agent) has been appointed to take over from our (firm/company) and the said (name of new Agent) hereby undertakes to be bound by the same terms and conditions in the following contract(s):

Date Name of Contract

Yours faithfully

(Authorised signatory of the Agent) Date:

We hereby agree to be bound in place of (name of Agent) as if there had been a formal novation agreement executed between us to this effect and shall be liable under the abovementioned agreements as from (date of appointment).

(Authorised signatory of the new Agent)
Date:

APPENDIX G Form of Bank Guarantee On Bank's Letterhead

Dear Sir,
Note 1		In consideration of your granting credit facilities to ....................................................................

Note 2		we hereby guarantee that the sum not exceeding .............................. (Malaysian Ringgit ....................) shall become payable by us on receipt of notice of demand in writing given to us by Metropolitan TV Sdn. Bhd. In all events our liability under this guarantee is limited to the sum of .................... (Malaysian Ringgit:)

Note 3		This guarantee is effective from ............. to ................ All claims if any in respect of this guarantee shall be in writing and shall be made at any time but not later than 60 days after the expiry date of this guarantee and shall be paid by us to you on your 1st demand notwithstanding any objections, protests by or any party. (Bank's Signature)

Notes		1. Name and Address of Agency 2. Value of Guarantee 3. Effective and expiry Date of Guarantee.

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ITV CHAT & PRIVATE CHAT


The SMS Chat on the programme known as Jukebox/ITV chat aired on the 8TV channel ("the Programme") is open to ALL Malaysian residents who have access to or are mobile phone subscribers of Maxis, DiGi, Celcom except TM Touch (013).
	•	"Participant" shall mean an individual who has registered and participated in the Programme in accordance with the terms and conditions set out herein.
	•	To participate in the SMS Chat, participants are required to send SMS message to the number "33838 ".
	•	RM0.70 will be charged for each SMS received from the Participant.
	•	All messages must be sent between 12.00 p.m. to 3.00 p.m. & 1.00am - 2.00am to be eligible for airing on that day's ITV Chat hours programme. Whilst 8TV will use its best efforts to put on air messages sent within the stipulated time, 8TV shall not be responsible for any messages that are not aired due to any reason whatsoever including but not limited to time constraint or pre-emption of the Programme.
	•	The Participant warrants that nothing contained in the SMS Message is obscene, libelous or defamatory and the airing of the message will not infringe the copyright or other rights whatsoever of any third party. The Participant shall indemnify and keep 8TV fully indemnified from and against all actions, proceedings, costs, claims, damages and demands including without limitation, legal expenses, however incurred or arising or paid by or awarded against the other in respect of or arising directly or indirectly out of the Participant's SMS Message aired on the Programme.
	•	Notwithstanding the above, 8TV reserves the right not to air any messages that it deems inappropriate at its sole discretion.
	•	All decisions made by 8TV shall be final and binding on the Participant and 8TV will not entertain any request or appeal or review on the decision made. The Participant shall not make any public announcement/complaints with regards to the SMS Chat without prior written consent of 8TV.
	•	8TV reserves the right to change/amend, add or alter the Terms and Conditions herein from time to time and without prior notification.
	•	The SMS Chat is on an as is where is available basis. 8TV will not be responsible and will not be liable if any SMS messages cannot be delivered due to connection issues arising from out of coverage areas, traffic congestions et cetera. Proof of SMS messages sent is no proof that the messages were duly received. Only SMS messages that were acknowledged received are valid (Acknowledgement will be made by the participating telecommunication providers through an SMS prompt or reply). Neither the Participating Telecommunication Operators, the content information providers, 8TV and any other affiliates of the SMS Chat shall be liable in any way for delays or interruptions in airing the SMS messages received. 8TV and the Participating Telecommunication Operators shall not be responsible and liable for any unauthorized use of the mobile phone or subscriber's account in relation to this Programme. Persons below 18 are required to get the Parents or Guardian's consent to participate in this Programme. None of the foregoing parties shall be liable for any third-party claims or losses of any nature, including but not limited to, lost of profits, punitive, indirect, special, incidental, or consequential damages or for other damages. None of the foregoing parties shall be responsible or be held liable for any system, server or connection failure, interruption and delay or computer viruses, and any related claims of any nature, including direct, indirect, third party, consequential or other damages.
	•	By participating in the SMS Chat, Participants are taken to have read and agreed to the Terms and Conditions herein and all decisions made by 8TV.

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SMS CONTEST

SMS Contest

The SMS Contest ("the Contest") is opened to ALL Malaysian residents who have access to or are pre-paid and post-paid mobile phone subscribers of Maxis, DiGi and Celcom (hereinafter referred to as "Participating Telecommunication Operators") only with the exception of employees and immediate family members of Media Prima Sdn Bhd, Sistem Televisyen Malaysia Bhd, Metropolitan TV Sdn Bhd, Ch-9 Media Sdn Bhd, Natseven TV Sdn Bhd, N-Visio Sdn Bhd and affiliated technological or content information partners, sales and promotion agencies appointed in relation to this contest.

The Contest will run for any other period as may be notified by 8TV (hereinafter referred to as "the Contest Period").

"Contestant" shall mean an individual who has registered and participated in the Contest in accordance with the terms and conditions set out herein.

To participate in the Contest, Contestants are required to enter keyword for registration for selected contest. Contestants are required to type and SMS the key word "XXX" from their mobile phones to the common short code 33838. Contestants are allowed to register as many entries as they wish.

(RM1.00) will be charged for each SMS received by the Contestant and any SMS sent by the contestant will be subjected to the Contestant's regular SMS charges as levied by the Contestant's respective Telecommunication Service Provider.

WINNER SELECTION & PRIZES

1. Prizes & Winners
Selection of winners will be at the discretion of 8TV which depends on the mechanics of each individual contest.

Winner of one contest is not eligible to win any other competition within a 30 day period & if in any case where there the same person wins another contest, it is at 8Tv discretion to determine his/her eligibility.

All judges decision are final and any appeal will not be entertained.

After any contest, all winners will be subjected to a credit check with the telcos, and an audit to ensure that they are charged for every single chargeable MT that they should have received en route to winning. If a discrepancy is discovered, the winner will risk disqualification and will subsequently lose his/her standing and associated prize(s). No correspondence or appeal will be entertained.

All contestants must wait for an MT (outgoing SMS from the SMS contest game server) for each MO (incoming SMS to the server) before proceeding to send in another MO, unless instructed otherwise by 8TV or the SMS contest itself. This is the standard technique and progression of playing any SMS contest by 8TV. Contestants found not adhering to that rule at any time, will risk disqualification, barring or losing his/her prize.

Any contestant found cheating or attempting to cheat, will risk disqualification, barring or losing his/her prize. Cheating in this context is defined as any effort made, consciously or accidentally, to deviate from the standard and expected progression and technique of playing any SMS contest by 8TV. No notice of disqualification or barring will be given to those found cheating or attempting to cheat.

All Prizes offered to the winners of this Contest are not transferable for cash nor can it be assigned to any third party. If the prizes offered are not available, 8TV reserves the right to substitute the prizes offered with another of equal value. In any event, 8TV reserves the right to change the prizes offered at any time during the Contest Period as 8TV deems necessary.

The Contestant agrees that the Contestant shall not make any public announcement on the Contest (including without limitation the Contestant's prizes) without the prior written consent from 8TV.

8TV carries no undertaking to intervene or be responsible for execution of guarantees and or repairs and or performance of the products given as prize/s and makes no such guarantees/ warranties at all as prizes are the courtesy of the sponsors concerned. Any taxes to tax collection agencies or any other payment to the authorities concerned as a result of receiving any prize(s) shall solely be the winner's responsibility.

Winners, if so required, shall attend prize presentation and/or participate in publicity programmes in relation to the Contest. 8TV reserves the right to use the names, addresses, photographs, information and/or documents of all winners in advertisements and other forms of publicity from time to time.

The Contestant hereby consents to 8TV using his/her mobile phone number that was used to register for the Contest or through other modes of communications as 8TV prefers, for purpose of notifying him in the event that the Contestant is selected as the winner.

Winners have to provide their original IC and Sim Card that was used to register for this Contest as proof of identity. Contestants must ensure that their account as a Pre-paid or Post-paid subscriber is "Active" to redeem their prizes. "Active" means that for Post paid accounts there are no outstanding balances as at the date the Contestant redeems the prize and as for Pre-paid account, there are talk-time credits still remaining in the account.

8TV reserve the right to publish or display the names and photographs of winners for advertising and publicity purposes.

8TV reserves the right to change/amend, add or alter the Terms and Conditions herein from time to time and without prior notification.

All decisions made by 8TV shall be final and binding on the Contestant and 8TV will not entertain any request or appeal or review on the decision made.

All prizes will be available for collection by the Winners at 8TV office or at such other places, and at such date and time as may be notified by 8TV from time to time. Prizes must be redeemed within three (3) months of notification to winners or such other date so notified by 8TV, failing which, the prizes will be forfeited and any enquiries thereafter will not be entertained.

The Contest is provided on an as is where is available basis. 8TV will not be responsible and will not be liable if any SMS messages cannot be delivered due to connection issues arising from out of coverage areas, traffic congestions et cetera. Proof of SMS messages sent is no proof that the messages were duly received. Only SMS messages that were acknowledged received are valid (Acknowledgement will be made by the participating telecommunication providers through an SMS prompt or reply). Neither the Participating Telecommunication Operators, the content information providers, 8TV, Media Prima Sdn Bhd, Sistem Televisyen Malaysia Berhad and any other affiliates of this Contest shall be liable in any way for delays or interruptions in providing the information or omissions therein. 8TV and the Participating Telecommunication Operators shall not be responsible and liable for any unauthorized use of the mobile phone or subscriber's account in relation to this Contest.

Persons below 18 are required to get the Parents or Guardian's consent to participate in this Contest. None of the foregoing parties shall be liable for any third-party claims or loses of any nature, including but not limited to, lost of profits, punitive, indirect, special, incidental, or consequential damages or for other damages. None of the foregoing parties shall be responsible or be held liable for any system, server or connection failure, interruption and delay or computer viruses, and any related claims of any nature, including direct, indirect, third party, consequential or other damages.

By participating in this Contest, through registration of IC No & name the Contestant is taken to have read and agreed to the terms and conditions herein and all decisions made by 8TV.