Escape Website’s Terms of Service

Last Updated Date: 30/09/2016

Introduction

Escape Website (“Site”) is made available by Escape Axiata Sdn Bhd (Company No 240867-U)(“Escape”) to provide online video service (“Service”) offering a selection of television shows and television events, movies, clips and other content including but not limited to text, graphics, layout, interface, logos, photographs, audio and video materials and stills (collectively hereinafter referred to as the “Content”) to Celcom Mobile Sdn Bhd (Company No. 27910-A) (“Celcom”)’s customers (“you” or “your”).

By subscribing to the Service, you agree to be bound by these terms of service (“Terms of Service”), which shall form an integral part and to be read together with the terms and conditions of the Customer Registration Form (CRF) and/or terms and conditions of the respective mobile/content service(s) offered and relevant to the you in respect of this Service as posted on Celcom’s website at www.celcom.com.my.

In the event of a conflict or inconsistency between these Terms of Service and the terms and conditions of CRF and/or terms and conditions of the respective mobile/content service(s) such inconsistency shall be resolved by giving precedence in the following decreasing order (i) these Terms of Service (ii) terms and conditions of CRF and/or the respective mobile/content service(s).

These Terms of Service shall come into effect upon your acceptance of the Terms of Service when you click the “I Agree” button upon your initial access to the Site.

1. Service Availability

1.1 The Service shall be made available from 10 December 2012 onwards until terminated by Escape.

2. Equipment

2.1 You shall be responsible to ensure that your mobile equipment (“Equipment”) is compatible to provision the Service. In the event that changes and upgrades are introduced to the Service, you shall be responsible to ensure the continued compatibility of the Equipment and you shall have no claim whatsoever against Escape arising therefrom.

3. Usage of the Service

3.1 Escape Account

3.1.1 You may use the Service upon your creation of an Escape account (“Account”) at the Site.

3.1.2 Subject to Clause 3.1.1 above:

(i) you shall provide up to date, accurate and complete personal information for the purpose of the creation of the Account and you shall keep Escape informed of any changes to your personal information;

(ii) keep your username and password created under the Account confidential at all times and not release the same to any person;

(iii) you shall be responsible for any activities or charges incurred under your Account whether such activities or charges were authorised by you; and

(iv) you shall inform Escape as soon as reasonably practicable of any unauthorised usage of your Account.

3.1.3 Upon creation of the Account, you may have access to the Content library made available at the Site

3.1.4 You agree that by clicking the “I Agree” buttion or by continuing to use the Services, you are giving consent to Escape that the information collected by Escape from you (“Personal Information”) will be used and/or disclosed in accordance to Escape’s Privacy Notice as posted at https://www.celcom.com.my/personal/policy and Personal Data Protection Act 2010. You are advised to read the Privacy Notice to understand your rights with regards to your Personal Information.

3.2 Your License

3.2.1 Escape grants you a non-exclusive limited license to use the Service at the Site, including accessing and viewing the Content on a streaming-only basis for personal, non-commercial purposes in compliance with these Terms of Service.

3.3 Third Party’s Website

3.3.1 The Site may contain links to third-party websites or resources (“Third Party’s Website”). Links to the Third Party’s Website do not imply any endorsement by Escape of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

3.3.2 You acknowledge and agree that Escape shall not be responsible or liable for:

(i) the availability or accuracy of the Third Party’s Website; or

(ii) the content, products, or services on or available from the Third Party’s Website.

3.5 Prohibitions

3.5.1 You shall not:

(i) use, display, mirror or frame the Site, or any individual element within the Site, Escape’s name, any Escape trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Escape’s express written consent;

(ii) access, tamper with, or use non-public areas of the Site, Escape’s computer systems, or the technical delivery systems of Escape’s providers;

(iii) attempt to probe, scan, or test the vulnerability of any Escape system or network or breach any security or authentication measures;

(iv) avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Escape or any of Escape’s providers or any other third party (including another user) to protect the Site, Services or Content;

(v) attempt to access or search the Site, Services or Content or download Content from the Site or Services through the use of any engine, software, tool, agent, device or mechanism but not limited including spiders, robots, crawlers, data mining tools or the like other than the software and/or search agents provided by Escape or other generally available third party web browsers;

(vi) send any unsolicited or unauthorised advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;

(vii) use any meta tags or other hidden text or metadata utilising an Escape trademark, logo URL or product name without Escape’s express written consent;

(viii) use the Site, Services or Content for any commercial purpose or the benefit of any third party or in any manner not permitted by these Terms of Service, unless expressly permitted;

(ix) forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, Services or Content to send altered, deceptive or false source-identifying information;

(x) attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Services or Content;

(xi) interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Site;

(xii) collect or store any personally identifiable information from the Site or Services from other users of the Site or Services without their express permission;

(xiii) impersonate or misrepresent your affiliation with any person or entity;

(xiv) violate any applicable law or regulation;

(xv) encourage or enable any other individual to do any of the foregoing; or

(xvi) share your Account with any other person or entity;

(xvii) directly or through the use of any device, software, internet site, web-based service, or other means remove, alter, bypass, avoid, interfere with, or circumvent any copyright, trademark or other proprietary notices marked on the Content or any digital rights management mechanism, device, or other content protection or access control measure associated with the Content including geo-filtering mechanisms without Escape’s prior written consent;

(xviii) directly or through the use of any device, software, internet site, web-based service, or other means copy, download, stream capture, reproduce, duplicate archive, distribute, upload, publish, modify, translate, broadcast, perform, display, sell, transmit or retransmit the Content without Escape’s prior written consent;

(xix) incorporate the Content into, or stream or retransmit the Content via any hardware or software application or make the Content available via frames or in-line links without Escape’s prior written consent;

(xx) create, recreate distribute or advertise an index of any significant portion of the Content without Escape’s prior written consent; and

(xxi) create derivative works or materials that otherwise are derived from or based on in any way the Content including but not limited to montages, mash-ups and similar videos, wallpaper, desktop, themes, greeting cards and merchandise without Escape’s prior written consent.

4. Charges

4.1 You shall be charged with the respective charges displayed prominently at the Site (“Charges”) prior to your purchase of the Content. The Charges will be:

(i) deducted from your account if you are a Celcom prepaid mobile subscriber; and

(ii) reflected in your next bill if you are a Celcom postpaid mobile subscriber.

4.2 Notwithstanding the Charges imposed in Clause 4.1 above, you shall be charged with:

(i) standard operator’s access’ cost including but not limited to SMS/GPRS/UMTS/data charges/roaming charges and such other charges as prescribed by Celcom from time to time and shall be payable by you in accordance to Celcom’s policy and requirements; and

(ii) data or standard charges for any actions beyond the Service (including but not limited to browsing beyond the Site and downloading contents).

4.3 If any supply made under these Terms and Conditions is a taxable supply to which the applicable tax (including but not limited to the Malaysian Goods and Services Tax (“GST”) would apply (“Applicable Tax”), then Escape reserves the right to levy the Applicable Tax at the prescribed rate and you agree to pay the amount of the Applicable Tax.

5. Modification

Escape reserves the right, at its sole discretion, to modify, discontinue or terminate the Site or Services or to modify these Terms of Service, at any time and without prior notice to you. Any amendments to the Terms of Service will be effective when the updated Terms of Service is posted on the Site. You shall be responsible to check the Site periodically for the updated version of the Terms of Service. By continuing to access or use the Site or the Services after the modified Terms of Service have been posted, you agree to be bound by the modified Terms of Service. If the modified Terms of Service are not acceptable to you, you shall discontinue your access to the Site or the usage of the Service.

6. Proprietary Rights and Conditions

6.1 All right, title and interest including but not limited to copyright and other intellectual property rights in and to the Service (including but not limited to all graphic/image and text files) are owned by Escape. The Content you access and view as part of the Service is owned and controlled by Escape and Escape’s licensors. The rights aforementioned are protected by Malaysian copyright laws, other applicable copyright laws, and international treaty provisions. Escape retains all rights not expressly granted herein.

6.2 Escape reserves the right to refuse permission to use this Service to any individual for any reason whatsoever, and may do so without notice.

7. Refund Policy

Should you experience any technical problems with the Service or Content, you may contact Escape’s online support for assistance on technical issues . In the event the service was not successfully rendered pursuant to a payment made, the customer will be allowed to make a repeat purchase of the content at the same value at no cost. Escape also reserves the right to provide alternative compensation of at least an equivalent value if necessary

8. Installation

You shall make every attempt to safeguard your data and other files during the installation, when upgrading or installing an update. Escape shall not assume any responsibility for the loss of data and or any other losses that result from installation, upgrading or updating of the Service.

9. Delivery of the Service

If your download request is incomplete or incorrect or if for any reason whatsoever Escape is unable to provide or deliver the Service to your equipment as requested, Escape reserves the right to decline to provide the Service without further notice to you. Escape shall not be liable in any way for failures, defects or delays in the delivery of the application of the Service for any reason whatsoever.

10. Termination

10.1 Termination and Suspension by Escape

10.1.1 Escape reserves the right at its sole discretion to cancel, terminate, suspend or disable your Account or the Service without prior notice to you:

(a) for any reason whatsoever;

(b) if the information provided by you for the creation of the Account is inaccurate or incomplete;

(c) if you breach any of these Terms of Service; or

(d) if your mobile service is deemed to have been terminated by Celcom.

10.1.2 Subject to Clause 10.1.1 above, you agree that Escape shall not be liable to you or any other party for such cancellation, withdrawal, termination or suspension.

10.2 Termination by you

10.2.1 You may:

(a) terminate your Account at any time by sending an email to service@escNow.com (“Termination”);

(b) deactivate your Account on the Site (“Deactivation”).

10.2.2 Upon Termination:

(i) you shall not be entitled receive any rebate or refund due from Escape to you; and

(ii) you shall be required to create a new account should you wish to use the Service.

10.2.3 Upon Deactivation, you may reactive your Account at the Site should you wish to use the Service.

11. Indemnity

You shall indemnify Escape , its related and affiliated corporations against each claim, action, proceeding, judgment, damage, loss, expense or liability incurred or suffered by, or brought, made or recovered against Escape, its related and affiliated corporations in connection with any breach by you of these Terms of Service or in connection with the Service.

12. Limitation of Liability

To the maximum extent permitted by applicable laws, in no event shall Escape, its related and affiliated corporations be liable to you or anyone else for any direct, indirect, special, exemplary, consequential damages, or any damages whatsoever including but not limited to loss of use, loss of revenue or profits, injury or lost or damaged data or other commercial or economic loss whether in action of contract, negligence or other tortuous, arising out of or in connection with your access, use of, or your inability to access or use the Service or the performance or non performance of the Service, the software or related documentation. Your usage of the Service is entirely at your own risk.

13. Disclaimer

The Service is provided on an “As Is” basis without any representation or warranties of any kind whether express or implied. Escape and its related and affiliated corporations disclaim and exclude all warranties relating to the content, information, services relating to or in connection with the Service including but not limited to, all warranties of merchantability, fitness for a particular purpose, title, non-infringement, compatibility, security and accuracy. You shall assume the entire risk as to the results and performance of the Service and related documentation.

14. General Disclaimer

Escape neither assume nor accept any liability (including but not limited to any loss, damage, theft, misuse, malfunction) of your hardware or data or anything else that you may own regardless of the cause or reason for such misfortune. Escape, its officers and employees will not be liable for lost profits, loss of business or other consequential, special, indirect or punitive damages, even if advised of the possibility of such damages, or for any claim by any third party. Escape and its subsidiaries, affiliates, officers, agents or other partners and employees and or servants shall be responsible or liable for any information, data, text, photographs, graphics, videos, reviews, messages of other materials publicly uploaded and made available for viewing via the Site. You are entirely responsible for the Content that you consume via the Service. Escape does not in any way endorse or guarantee the accuracy, integrity or quality of such content.

15. Feedback

Escape welcomes and encourages you to provide feedback, comments and suggestions for improvements to the Site and Services ("Feedback"). You may submit the Feedback by emailing Escape at service@escNow.com. You acknowledge and agree that all Feedback will be the sole and exclusive property of Escape and you hereby irrevocably assign to Escape and agree to irrevocably assign to Escape all of your right, title, and interest in and to all Feedback, including without limitation all geographical patent rights, copyright rights, trade secret rights, and other proprietary or intellectual property rights therein. At Escape’s request and expense, you will execute documents and take such further acts as Escape may reasonably request to assist Escape to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.




TERMS & CONDITIONS FOR ESCAPE KIDS CAMPAIGN (“Campaign”)

Introduction

This Campaign is held by Escape Axiata Sdn Bhd (Company No. 240867-U) (“Escape”). By participating in the Campaign, the Customers (as herein defined) hereby agrees to be bound by these terms and conditions which shall form an integral part and to be read together with terms and conditions of Customers Registration Form (CRF) and/or terms and conditions for the respective mobile/content service(s) offered and relevant to the Customers in respect of this Campaign.

In the event of a conflict or inconsistency between these terms and conditions and CRF and/or terms and conditions for the respective mobile/content service(s), such inconsistency shall be resolved by giving precedence in the following decreasing order (i) these terms and conditions (ii) terms and conditions of CRF and/or the respective mobile/content service(s).

Duration of Contest

This Campaign shall commence from 30 September 2016 until further notice (“Campaign Period”). However the FREE trial of 30 days shall be valid for 6 months, from the commencement date of the campaign to 30 September 2017 (“FREE Trial”).

Eligibility

This Campaign shall be applicable exclusively to Celcom subscribers individual that is Malaysian citizen or permanent resident of Malaysia (“Customers”). Customers that is of the age of below 18 years old (“Minor”) may be required to fill up a form to verify that they have obtained the consent from their parents or legal guardian in order for them to be eligible to participate in the Campaign.

Contest Mechanics

1. The Customers may participate in this Campaign by visiting www.celcomescape.com :

(a) for existing Escape subscribers:

(i) purchasing any content (“Purchase”) under the “ESCAPE KIDS” tab at www.celcomescape.com during the Campaign Period; and

(b) for non-existing Escape subscribers:

(ii) registering to Escape as a subscriber at www.celcomescape.com ; and

(iii) completing the Purchase under the “ESCAPE KIDS” tab at www.celcomescape.com during the Campaign Period.

2. The Customers upon completing the Purchase during the Campaign Period will be given a 30 days FREE trial for content and shall be charged RM10.00 for the Purchase (“Charges”) after utilizing the FREE trial. The Charges shall be deducted from the Customers’ prepaid account or shall be reflected in the Customers’ following month post-paid bill. The Customers will receive a sms notification from Escape before the Charges takes place.

3. The Purchase shall be valid for enjoyment for 30 days upon purchase date.

4. The Customers may unsubscribe to the subscription anytime upon purchase date, including during the FREE trial period. The subscription shall be active for 30 days, although being unsubscribed during the subscription period.

5. For avoidance of doubt there shall be no refund of money upon the Purchase for whatsoever reason.

GENERAL TERMS AND CONDITIONS

1. Escape reserves the sole and absolute right to withdraw, amend, omit and/or vary any part or the whole of the terms and conditions of this Campaign without prior notice to the Customers herein stated and the Customers shall be bound to observe, perform and comply with the terms and conditions herein and any amendments thereof.

2. Escape’s decisions in any matter in relation to the Campaign shall be final and conclusive. Any request for appeal and review shall not be entertained.

3. Escape shall not be liable for any claim by the Customers or third-party claims or loses of any nature, including but not limited to, loss of profits, punitive, indirect, special, incidental or consequential damages or for other damages and any related claims of any nature, including direct, indirect, third party, consequential or other damages resulting from or in connection with this Campaign.

4. Escape disclaims any and all liability for loss or damage to property or any personal injury or loss of life resulting from or in connection with this Campaign.

5. The Customers acknowledges and agrees that Escape reserves the rights to disqualify any entry if the Customers is in breach of its obligations or any terms and conditions of this Campaign. Notwithstanding the above, Escape reserves the right to reject any entry or the Customers at its sole and absolute discretion without having to assign any reasons whatsoever.

6. Escape does not take any responsibility in the event Customers is prevented from participating in the Campaign, as a result of certain technical restrictions or other limitations or force majeure which include but not limited to regulatory and/or government directive, act of God etc.

7. Any photographs, personal information and names submitted for the Campaign, service marks, trade names, trademarks are the property of Escape.

8. Escape reserves the right, at its absolute discretion to use the names, photographs, voice or video recordings and entries of the Customers for publicity, advertising, trade or Campaign purposes in any media without first obtaining any consent or making any payment whatsoever to the Customers.

9. Except as expressly mentioned herein, Escape shall not be responsible for any expenses and cost including out-of-pocket expenses related to or as a consequence of participating in this Campaign.

10. All Prize offered under this Campaign are not transferable for cash or in kind and shall be subject to availability of stock. Escape reserves the right to substitute and replace the Prize offered with another Prize of equal value or higher value as Escape deems fit.

11. Escape disclaims any warranties or liabilities for the merchantability and fitness of the Prize under this Campaign. The warranties applicable for the Prize are subject to the terms and conditions provided by the manufacturer or supplier of the Prize.

12. Any content used for the Campaign is provided by a third party, Escape does not filter or edit such content. The Customers acknowledges that Escape is under no obligation to censor the content or information provided. Escape disclaims all liability in relation to the content provided.

13. In the event any of these terms and conditions is invalid, illegal and unenforceable under any applicable law or by any reasons whatsoever, the legality and enforceability of the remaining provisions shall not be affected.

14. No delay or indulgence by Escape in enforcing any terms or conditions herein shall constitute waiver by Escape of the Customers’ breach of these terms and conditions.




TERMS & CONDITIONS FOR

ADDENDUM TO CYCLE 1 – INSIDE OUT ‘THE FIRST TIME I FELT JOY CAMPAIGN (“Campaign”)

Introduction

This Campaign is held by Escape Axiata Sdn Bhd (Company No. 240867-U) (“Escape”). By participating in the Campaign, the Customers (as herein defined) hereby agrees to be bound by these terms and conditions which shall form an integral part and to be read together with terms and conditions of Customers Registration Form (CRF) and/or terms and conditions for the respective mobile/content service(s) offered and relevant to the Customers in respect of this Campaign.

In the event of a conflict or inconsistency between these terms and conditions and CRF and/or terms and conditions for the respective mobile/content service(s), such inconsistency shall be resolved by giving precedence in the following decreasing order (i) these terms and conditions (ii) terms and conditions of CRF and/or the respective mobile/content service(s).

Duration of Campaign

This Campaign shall commence from 15 January 2016 until 28 February 2016 (“Campaign Period”). Any extension thereof shall be at the sole discretion of Escape.

Eligibility

This Campaign shall be applicable to individual that is Malaysian citizen or permanent resident of Malaysia (“Customers”). Customers that is of the age of below 18 years old (“Minor”) may be required to fill up a form to verify that they have obtained the consent from their parents or legal guardian in order for them to be eligible to participate in the Campaign.

For the avoidance of doubt, this Campaign shall not be applicable to Escape and Celcom employees (including its related corporation) and their immediate family members.

Campaign Mechanics

1. The Customers may participate in this Campaign by:

(a) for existing Escape subscribers:

(i) purchasing one (1) movie entitled INSIDE OUT (“Purchase”) under the “WATCH ONE” tab at www.celcomescape.com during the Campaign Period; and

(b) for non-existing Escape subscribers:

(ii) registering to Escape at www.celcomescape.com ; and

(iii) completing the Purchase during the Campaign Period.

2. The Customers shall be charged RM9.00 for the Purchase (“Charges”). The Charges shall be deducted from the Customers’ prepaid account or shall be reflected in the Customers’ next month post-paid bill. For the avoidance of doubt, for Customers that are not using Celcom’s network, the payment for the Charges may be made via online banking or credit card.

3. The Customers will enjoy free downloadable items upon a successful Purchase. Different type of fun packs can be downloaded for 1 movie purchase based on time period below:

(a) Fun Pack 1 (Connect the dots): 15 Jan – 25 Jan 2016

(b) Fun Pack 2 (Emotional recipes): 26 Jan – 5 Feb 2016

(c) Fun Pack 3 (How to make a Hexaflexagon): 6 Feb – 16 Feb 2016

(d) Fun Pack 4 (Memory Maze): 17 Feb – 28 Feb 2016

4. In the end of the Campaign Period, Escape shall select thirty (30) Customers via an automated system for the Campaign as selected Customers to get special Prize (“Winners”).

5. The Winners will be entitled to:

(a) Inside Out umbrellas; or

(b) Inside Out caps; or

(c) Inside Out stress balls;

(shall collectively be referred to as “Prize”).

6. In addition to the Prize, ten (10) Winners will stand a chance to get a RM20 Starbucks voucher per month for one (1) year which will be determined via an automated system.

7. The mechanics in delivering/distributing the Prize would be as follow:

(a) Escape shall notify the Winners of their entitlement to receive the Prize by calling or emailing them (“Notification”). Escape reserves the right to use any other method or medium as it deems fit at its sole and absolute discretion for the purpose of notifying the Winners.

(b) The Winners may be required to collect the Prize on a date and at Menara Celcom and the Customers must collect the Prize within twenty-one (21) days from the date of which the Price is available for collection (“Prize Collection Period”).

(c) In the event that the Winners are unable to collect the Prize during the Prize Collection Period, the Winners may request Escape to courier the Prize to the Winners’ preferred mailing address. Escape shall not be held liable for any loss or damage to the Prize during the courier process.

General Terms and Conditions

1. Escape reserves the sole and absolute right to withdraw, amend, omit and/or vary any part or the whole of the terms and conditions of this Campaign without prior notice to the Customers herein stated and the Customers shall be bound to observe, perform and comply with the terms and conditions herein and any amendments thereof.

2. Escape’s decisions in any matter in relation to the Campaign shall be final and conclusive. Any request for appeal and review shall not be entertained.

3. Escape shall not be liable for any claim by the Customers or third-party claims or loses of any nature, including but not limited to, loss of profits, punitive, indirect, special, incidental or consequential damages or for other damages and any related claims of any nature, including direct, indirect, third party, consequential or other damages resulting from or in connection with this Campaign.

4. Escape disclaims any and all liability for loss or damage to property or any personal injury or loss of life resulting from or in connection with this Campaign.

5. The Customers acknowledges and agrees that Escape reserves the rights to disqualify any entry if the Customers is in breach of its obligations or any terms and conditions of this Campaign. Notwithstanding the above, Escape reserves the right to reject any entry or the Customers at its sole and absolute discretion without having to assign any reasons whatsoever.

6. Escape does not take any responsibility in the event Customers is prevented from participating in the Campaign, as a result of certain technical restrictions or other limitations or force majeure which include but not limited to regulatory and/or government directive, act of God etc.

7. Any photographs, personal information and names submitted for the Campaign, service marks, trade names, trademarks are the property of Escape.

8. Escape reserves the right, at its absolute discretion to use the names, photographs, voice or video recordings and entries of the Customers for publicity, advertising, trade or Campaign purposes in any media without first obtaining any consent or making any payment whatsoever to the Customers.

9. Except as expressly mentioned herein, Escape shall not be responsible for any expenses and cost including out-of-pocket expenses related to or as a consequence of participating in this Campaign.

10. All Prize offered under this Campaign are not transferable for cash or in kindand shall be subject to availability of stock. Escape reserves the right to substitute and replace the Prize offered with another Prize of equal value or higher value as Escape deems fit.

11. Escape disclaims any warranties or liabilities for the merchantability and fitness of the Prize under this Campaign. The warranties applicable for the Prize are subject to the terms and conditions provided by the manufacturer or supplier of the Prize.

12. Any content used for the Campaign is provided by a third party, Escape does not filter or edit such content. The Customers acknowledges that Escape is under no obligation to censor the content or information provided. Escape disclaims all liability in relation to the content provided.

13. In the event any of these terms and conditions is invalid, illegal and unenforceable under any applicable law or by any reasons whatsoever, the legality and enforceability of the remaining provisions shall not be affected.

14. No delay or indulgence by Escape in enforcing any terms or conditions herein shall constitute waiver by Escape of the Customers’ breach of these terms and conditions.




TERMS AND CONDITIONS FOR

M NASIR’S CONCERT TICKETS FROM ESCAPE PROMOTION (“Promotion”)

This Promotion is held by Escape Axiata Sdn Bhd (Company No. 240867-U) (“ESCAPE”). By participating in the Promotion, the Customer (as herein defined) hereby agrees to be bound by these terms and conditions which shall form an integral part and to be read together with terms and conditions of Customer Registration Form (CRF) and/or terms and conditions of the respective mobile service(s) offered by Celcom Mobile Sdn Bhd (Company No. 27910-A)(“Celcom”) relevant to the Customer in respect of this Promotion and ESCAPE terms of use as provided at www.celcomESCAPE.com (“ESCAPE Terms and Conditions”).

In the event of a conflict or inconsistency between these terms and conditions and CRF and/or terms and conditions of the respective mobile/content service(s), such inconsistency shall be resolved by giving precedence in the following decreasing order (i) these terms and conditions (ii) ESCAPE Terms and Conditions (ii) terms and conditions of the CRF and/or the respective mobile service provided by Celcom.

Promotion Period

The period of the Promotion shall commence from 2 October - 3 November 2015 (“Promotion Period”). Any extension thereof shall be subject to ESCAPE’s sole discretion.

Eligibility

This Promotion shall be applicable to all Celcom and non Celcom customers (“Customer”).

Promotion Mechanics

1. The Promotion shall be advertised on the ESCAPE website. The Customers shall be eligible to participate in this Promotion by purchasing 2 "Hollywood Latest" titles in the "WATCH ONE" section (“Movie”) at www.celcomESCAPE.com (“Purchase”).

2. The Customer shall be charged with the following charges for each Purchase (“Charges”):

No.

Period of Purchase

Category

Charges

i.

2 Oct – 3 Nov 2015

"Hollywood Latest" title in the "Watch One" section

RM9.00 per title

3. ESCAPE shall select the first 20 Customers who fulfil the requirement of Clauses 1 and 2 above as the winners of the Campaign (“Winners”).

4. The Winners shall be entitled to receive 2 tickets each to the M. Nasir’s concert show on 7 November 2015 at Stadium Tertutup Malawati Shah Alam, Shah Alam, Selangor (“Prize”).

5. ESCAPE shall notify the Winners via phone call of the Winners’ entitlement to receive the Prize and method to redeem the Prize. ESCAPE reserves the right to use any other method or medium (e.g. Facebook) as it deems fit at its sole and absolute discretion for the purpose of notifying the Winners.

6. ESCAPE reserves the right to select another Winner subject to Clause 3 above as the winner upon 3 failed attempts to contact any of the Winners.

7. Once contacted by ESCAPE team, the Winners shall be required to collect the Prizes by presenting the Winners’ identity card/passport at Celcom Booth at Stadium Tertutup Malawati Shah Alam on the concert day (“Prize Collection Period”).

8. ESCAPE reserves the right forfeit the Prize in the event that the Winner fails to collect the Prize during the Prize Collection Period.

9. Each Customer shall only be entitled to receive 1 Prize per mobile number.

General Terms and Conditions

1. ESCAPE reserves the sole and absolute right to withdraw, amend, omit and/or vary any part or the whole of the terms and conditions of this Promotion without prior notice to the Customer herein stated and the Customer shall be bound to observe, perform and comply with the terms and conditions herein and any amendments thereof.

2. ESCAPE's decisions on any matter in relation to the Promotion shall be final and conclusive. Any request for appeal and review shall not be entertained.

3. ESCAPE shall not be liable for any claim by the Customer or third-party claims or losses of any nature, including but not limited to, loss of profits, punitive, indirect, special, incidental, or consequential damages or for other damages and any related claims of any nature, including direct, indirect, third party, consequential or other damages resulting from or in connection with this Promotion.

4. ESCAPE disclaims any liability for loss or damage to property or any personal injury or loss of life resulting from or in connection with this Promotion.

5. The Customer acknowledges and agrees that ESCAPE reserves the rights to disqualify any participation if the Customer is in breach of its obligations or any terms and conditions of this Promotion. Notwithstanding the above, ESCAPE reserves the right to reject any participation or the Customer at its sole and absolute discretion without assigning any reasons whatsoever.

6. ESCAPE does not take any responsibility in the event Customer is prevented from participating in the Promotion, as a result of certain technical restrictions or other limitations force majeure which includes but not limited to regulatory and/or government directive, act of God etc.

7. All photographs, personal information and names submitted in the Promotion, service marks, trade names, trademarks are and shall be the property of ESCAPE.

8. ESCAPE reserves the right, at its absolute discretion, to use the names, photographs, voice or video recordings and entries of the Customer for publicity, advertising, trade or Promotion purposes in any media, without first obtaining any consent nor making any payment whatsoever to the Customer.

9. Except as expressly mentioned herein, ESCAPE shall not be responsible for any expenses and cost including out-of-pocket expenses related to or as a consequence of participating in this Promotion.

10. All prizes offered under this Promotion are not transferable for cash or in kindand shall be subject to availability of seats and on the basis that the performance of the theatre show will take place on such date. ESCAPE reserves the right to substitute and replace the prize offered with another prize of equal value or higher value as ESCAPE deems fit.

11. ESCAPE disclaims any warranties or liabilities of the Prize under this Promotion.

12. The content for the Promotion and the Prize is provided by a third party. ESCAPE does not filter or edit such content. The Customer acknowledges that ESCAPE is under no obligation to censor the content or information provided. ESCAPE disclaims all liability in relation to the content provided.

13. In the event any of the provision in these terms and conditions is invalid, illegal and unenforceable under any applicable law or by any reasons whatsoever, the legality and enforceability of the remaining provisions shall not be affected.

14. No delay or indulgence by ESCAPE in enforcing any terms or conditions herein shall constitute waiver by ESCAPE of the Customer’s breach of these terms and conditions.




TERMS & CONDITIONS FOR #LETSNYANYI FROM ESCAPE CONTEST (“Contest”)

Introduction

This Contest is held by Escape Axiata Sdn Bhd (Company No. 240867-U) (“Escape”). By participating in the Contest, the Contestants (as herein defined) hereby agrees to be bound by these terms and conditions which shall form an integral part and to be read together with terms and conditions of Contestants’ Registration Form (CRF) and/or terms and conditions for the respective mobile/content service(s) offered and relevant to the Contestants in respect of this Contest.

In the event of a conflict or inconsistency between these terms and conditions and CRF and/or terms and conditions for the respective mobile/content service(s), such inconsistency shall be resolved by giving precedence in the following decreasing order (i) these terms and conditions (ii) terms and conditions of CRF and/or the respective mobile/content service(s).

Duration of Contest

This Contest shall commence from 28 September 2015 until 15 November 2015 (“Contest Period”). Any extension thereof shall be at the sole discretion of Escape.

Eligibility

This Contest shall be applicable to individual that is Malaysian citizen (“Contestants”). Contestants that is of the age of below 18 years old (“Minor”) may be required to fill up a form to verify that they have obtained the consent from their parents or legal guardian in order for them to be eligible to participate in the Contest. Contest is open to all Malaysian, no age limit.

Contest Mechanics

1. To participate in the Contest, the Contestants shall be required to:

(a) record a video of them singing any song, English or Malay (solo or vocal group). Usage of instruments are allowed. Video quality must be clear and participant’s face must be identifiable (“Video”)

(b) upload the video via Instagram

(c) hashtag #LETSNYANYI & #ESCAPEbyCelcom

(the participation of the Contestants shall hereafter referred to as “Entry”)

2. All Entry must be uploaded during the Contest Period

3. The Contestants has to ensure that the Contestants’ Instagram account must be available for public viewing’

4. The Contestants must not have existing professional contracts

5. The Contestants shall bear its own cost and expensed, if any, in the making of the Entry.

6. The Contestants shall ensure that the Video must be the Contestants’ original work and no part or component thereof (including the background music used in the Video (if any)) is copied from any other work or material

7. Contestants may submit as many Entry as possible. However, only one (1) Entry will be available to be selected to the final round of the Contest (“Top Finalist”)

8. The selection of winner shall be as follow:

(a) Luncai Emas will be judging the submissions based on originality, quality of voice, appearance & commitment.

(b) Top Finalist will be selected by Luncai Emas for voting round. Vote accounts for 30 % of overall judging score. Escape and/or Luncai Emas reserves its right in determining the numbers of Top Finalist selected.

(c) Voting for the Top Finalist starts from 28 December 2015 to 10 January 2016 at “www.celcomescape.com”(“Website”).

(d) Only one (1) out of the selected Top Finalist who obtain the highest score will win the Contest (“Winner”).

9. The Winners of the Contest will be entitled to win the following gifts (“Prize”):

(a) A recording artist under Luncai Emas label

(b) Single produced by Luncai Emas

10. Escape shall notify the Winners of their entitlement to receive the Prize by calling or emailing them (“Notification”). Escape reserves the right to use any other method or medium as it deems fit at its sole and absolute discretion for the purpose of Notifying the Winner.

11. Further, Escape shall:

(i) replace the Winner with another upon three (3) failed attempts to contact the Winner.

General Terms and Conditions

1. Escape reserves the sole and absolute right to withdraw, amend, omit and/or vary any part or the whole of the terms and conditions of this Contest without prior notice to the Contestants herein stated and the Contestants shall be bound to observe, perform and comply with the terms and conditions herein and any amendments thereof.

2. Escape’s decisions in any matter in relation to the Contest shall be final and conclusive. Any request for appeal and review shall not be entertained.

3. Escape shall not be liable for any claim by the Contestants or third-party claims or loses of any nature, including but not limited to, loss of profits, punitive, indirect, special, incidental or consequential damages or for other damages and any related claims of any nature, including direct, indirect, third party, consequential or other damages resulting from or in connection with this Contest.

4. Escape disclaims any and all liability for loss or damage to property or any personal injury or loss of life resulting from or in connection with this Contest.

5. The Contestants acknowledges and agrees that Escape reserves the rights to disqualify any entry if the Contestants is in breach of its obligations or any terms and conditions of this Contest. Notwithstanding the above, Escape reserves the right to reject any entry or the Contestants at its sole and absolute discretion without having to assign any reasons whatsoever.

6. Escape does not take any responsibility in the event Contestants is prevented from participating in the Contest, as a result of certain technical restrictions or other limitations or force majeure which include but not limited to regulatory and/or government directive, act of God etc.

7. Any photographs, personal information and names submitted for the Contest, service marks, trade names, trademarks are the property of Escape.

8. Escape reserves the right, at its absolute discretion to use the names, photographs, voice or video recordings and entries of the Contestants for publicity, advertising, trade or Contest purposes in any media without first obtaining any consent or making any payment whatsoever to the Contestants.

9. Except as expressly mentioned herein, Escape shall not be responsible for any expenses and cost including out-of-pocket expenses related to or as a consequence of participating in this Contest.

10. All Prize offered under this Contest are not transferable for cash or in kindand shall be subject to availability of stock. Escape reserves the right to substitute and replace the Prize offered with another Prize of equal value or higher value as Escape deems fit.

11. Escape disclaims any warranties or liabilities for the merchantability and fitness of the Prize under this Contest. The warranties applicable for the Prize are subject to the terms and conditions provided by the manufacturer or supplier of the Prize.

12. Any content used for the Contest is provided by a third party, Escape does not filter or edit such content. The Contestants acknowledges that Escape is under no obligation to censor the content or information provided. Escape disclaims all liability in relation to the content provided.

13. In the event any of these terms and conditions is invalid, illegal and unenforceable under any applicable law or by any reasons whatsoever, the legality and enforceability of the remaining provisions shall not be affected.

14. No delay or indulgence by Escape in enforcing any terms or conditions herein shall constitute waiver by Escape of the Contestants’ breach of these terms and conditions.

15. The Video or any part thereof has never been displayed or published in all forms of media, including but not limited to the internet, radio, video, television broadcast and has never been used or submitted in connection with any Contest held in or outside Malaysia.

16. The Contestants has not granted or assigned any rights of any nature in the Video (or any part thereof) to any third party whatsoever in any part of the world (including but not limited to using the entry to participate in any other competitions and/or for other commercial purposes).




TERMS AND CONDITIONS FOR

M NASIR’S CONCERT TICKETS FROM ESCAPE PROMOTION (“Promotion”)

This Promotion is held by Escape Axiata Sdn Bhd (Company No. 240867-U) (“ESCAPE”). By participating in the Promotion, the Customer (as herein defined) hereby agrees to be bound by these terms and conditions which shall form an integral part and to be read together with terms and conditions of Customer Registration Form (CRF) and/or terms and conditions of the respective mobile service(s) offered by Celcom Mobile Sdn Bhd (Company No. 27910-A)(“Celcom”) relevant to the Customer in respect of this Promotion and ESCAPE terms of use as provided at www.celcomESCAPE.com (“ESCAPE Terms and Conditions”).

In the event of a conflict or inconsistency between these terms and conditions and CRF and/or terms and conditions of the respective mobile/content service(s), such inconsistency shall be resolved by giving precedence in the following decreasing order (i) these terms and conditions (ii) ESCAPE Terms and Conditions (ii) terms and conditions of the CRF and/or the respective mobile service provided by Celcom.

Promotion Period

The period of the Promotion shall commence from 21 August - 1 September 2015 (“Promotion Period”). Any extension thereof shall be subject to ESCAPE’s sole discretion.

Eligibility

This Promotion shall be applicable to all Celcom customers (“Customer”).

Promotion Mechanics

1. The Promotion shall be advertised on the ESCAPE website. The Customers shall be eligible to participate in this Promotion by purchasing 2 "Hollywood Latest" titles in the "WATCH ONE" section (“Movie”) at www.celcomESCAPE.com (“Purchase”).

2. The Customer shall be charged with the following charges for each Purchase (“Charges”):

No.

Period of Purchase

Category

Charges

i.

21 Aug – 1 Sep 2015

"Hollywood Latest" title in the "Watch One" section

RM9.00 per title


3. ESCAPE shall select the first 20 Customers who fulfil the requirement of Clauses 1 and 2 above as the winners of the Campaign (“Winners”).

4. The Winners shall be entitled to receive 2 tickets each to the M. Nasir’s concert show on 5 September 2015 at Dewan Milenium, Kepala Batas, Pulau Pinang (“Prize”).

5. ESCAPE shall notify the Winners via phone call of the Winners’ entitlement to receive the Prize and method to redeem the Prize. ESCAPE reserves the right to use any other method or medium (e.g. Facebook) as it deems fit at its sole and absolute discretion for the purpose of notifying the Winners.

6. ESCAPE reserves the right to select another Winner subject to Clause 3 above as the winner upon 3 failed attempts to contact any of the Winners.

7. Once contacted by ESCAPE team, the Winners shall be required to collect the Prizes by presenting the Winners’ identity card/passport at Celcom Booth at Dewan Milenium on the concert day (“Prize Collection Period”).

8. ESCAPE reserves the right forfeit the Prize in the event that the Winner fails to collect the Prize during the Prize Collection Period.

9. Each Customer shall only be entitled to receive 1 Prize per mobile number.

General Terms and Conditions

1. ESCAPE reserves the sole and absolute right to withdraw, amend, omit and/or vary any part or the whole of the terms and conditions of this Promotion without prior notice to the Customer herein stated and the Customer shall be bound to observe, perform and comply with the terms and conditions herein and any amendments thereof.

2. ESCAPE's decisions on any matter in relation to the Promotion shall be final and conclusive. Any request for appeal and review shall not be entertained.

3. ESCAPE shall not be liable for any claim by the Customer or third-party claims or losses of any nature, including but not limited to, loss of profits, punitive, indirect, special, incidental, or consequential damages or for other damages and any related claims of any nature, including direct, indirect, third party, consequential or other damages resulting from or in connection with this Promotion.

4. ESCAPE disclaims any liability for loss or damage to property or any personal injury or loss of life resulting from or in connection with this Promotion.

5. The Customer acknowledges and agrees that ESCAPE reserves the rights to disqualify any participation if the Customer is in breach of its obligations or any terms and conditions of this Promotion. Notwithstanding the above, ESCAPE reserves the right to reject any participation or the Customer at its sole and absolute discretion without assigning any reasons whatsoever.

6. ESCAPE does not take any responsibility in the event Customer is prevented from participating in the Promotion, as a result of certain technical restrictions or other limitations force majeure which includes but not limited to regulatory and/or government directive, act of God etc.

7. All photographs, personal information and names submitted in the Promotion, service marks, trade names, trademarks are and shall be the property of ESCAPE.

8. ESCAPE reserves the right, at its absolute discretion, to use the names, photographs, voice or video recordings and entries of the Customer for publicity, advertising, trade or Promotion purposes in any media, without first obtaining any consent nor making any payment whatsoever to the Customer.

9. Except as expressly mentioned herein, ESCAPE shall not be responsible for any expenses and cost including out-of-pocket expenses related to or as a consequence of participating in this Promotion.

10. All prizes offered under this Promotion are not transferable for cash or in kindand shall be subject to availability of seats and on the basis that the performance of the theatre show will take place on such date. ESCAPE reserves the right to substitute and replace the prize offered with another prize of equal value or higher value as ESCAPE deems fit.

11. ESCAPE disclaims any warranties or liabilities of the Prize under this Promotion.

12. The content for the Promotion and the Prize is provided by a third party. ESCAPE does not filter or edit such content. The Customer acknowledges that ESCAPE is under no obligation to censor the content or information provided. ESCAPE disclaims all liability in relation to the content provided.

13. In the event any of the provision in these terms and conditions is invalid, illegal and unenforceable under any applicable law or by any reasons whatsoever, the legality and enforceability of the remaining provisions shall not be affected.

14. No delay or indulgence by ESCAPE in enforcing any terms or conditions herein shall constitute waiver by ESCAPE of the Customer’s breach of these terms and conditions.




TERMS AND CONDITIONS FOR THE “ESCAPE AUTO REGISTRATION

WITH XPAX MAGIC SIM SEGMENT CAMPAIGN” (“Campaign”)

Introduction

This Campaign is held by Escape Axiata Sdn Bhd (Company No. 240867-U) (“ESCAPE”) in collaboration with Celcom Mobile Sdn Bhd (Company No. 27910-A)(“Celcom”). By participating in the Campaign, the Customer (as herein defined) hereby agrees to be bound by these terms and conditions which shall form an integral part and to be read together with terms and conditions of Customer Registration Form (CRF) and/or terms and conditions of the respective mobile service(s) offered by Celcom relevant to the Customer in respect of this Campaign and ESCAPE terms of use as provided at www.celcomESCAPE.com (“ESCAPE Terms and Conditions”).

In the event of a conflict or inconsistency between these terms and conditions and CRF and/or terms and conditions of the respective mobile/content service(s), such inconsistency shall be resolved by giving precedence in the following decreasing order (i) these terms and conditions (ii) ESCAPE Terms and Conditions (ii) terms and conditions of the CRF and/or the respective mobile service provided by Celcom.

Duration of the Campaign

This Campaign shall commence from 6.00 a.m. 1 July 2015 until 11.59 a.m. 31 July 2015 (“Campaign Period”).

Eligibility

This Campaign shall be applicable to selected ESCAPE members who are notified of the Campaign via SMS (“SMS Notification”) during the Campaign Period (“the Customers”).

For avoidance of doubt;

a. XPAX Magic Sim Segment customers are automatically registered as ESCAPE members.

b. Activation as an ESCAPE member can be done by using phone number as username together with a given password during activation of the XPAX Magic Sim on www.celcomESCAPE.com.

Campaign Mechanics

1. The Customers will receive SMS Notification by ESCAPE on their eligibility to participate in this Campaign.

2. The Customers may then participate in the Campaign by subscribing to the video service in the following manner (“Subscription”):-

a. Via Mobile Phone

i. Customers receives SMS Notification with ESCAPE link and code

ii. Customers to click on the link given

iii. Customers select movie

iv. Customers enter the given code and click ESCAPE now to enjoy the movie

v. Customers receives successful notification and expiry time

Note: For Customers using Androids, they can download ESCAPE application onto their

mobile phone, launch the ESCAPE application and repeat step iii. until step v.

b. Via PC

i. Customers receives SMS Notification with ESCAPE link and code

ii. Customers type the given ESCAPE link and start to browse

iii. Customers select movie

iv. Customers enter the given code and click ESCAPE now to enjoy the movie

v. Customers receives successful notification and expiry time

3. The Customers shall be entitled to subscribe six (6) free movies during the Campaign Period as following:-

1. Superman Returns

2. American Sniper

3. Lemak Kampung Santan

4. Ocean’s Eleven

5. Main Hoon Na

6. Agneepath

4. Any additional movies shall be charged at standard rates.

5. ESCAPE shall send a reminder to the Customers prior to expiry of the Campaign Period.

TERMS AND CONDITIONS

1. The Campaign is open to all XPAX Magic Sim subscribers residing in Malaysia subject to the above eligibility requirements ("Participants") only.

2. ESCAPE reserves the right, in its sole discretion, to require proof of identity and/or eligibility (in a form acceptable to ESCAPE) to participate in this Campaign. Failure to provide such proof in a timely manner may result in disqualification.

3. By participating in this Campaign, it is deemed that Participants have read and have agreed to be bound by these Terms and Conditions. Any breach of these Terms and Conditions may result in the Participant being disqualified resulting in the forfeiture of any entitlement at ESCAPE’s absolute discretion.

4. Any entitlements cannot be transferred or exchanged to any other person.

5. Participants agree to indemnify and keep ESCAPE indemnified against all claims, costs, proceedings, demands, losses, damages or expenses whatsoever arising directly or indirectly as a result of any breach or non-performance of any of the representations, warranties or other terms herein contained or implied by law.

6. ESCAPE (including its affiliates and their respective employees and agents) shall not be liable for any loss or damage (including but not limited to indirect or consequential losses) or personal injury suffered or sustained in connection with or arising from either participation in this Campaign or with any of the entitlement offered or forfeited.

7. Participants agree to hold harmless, defend and fully indemnify ESCAPE, its affiliates, its respective agents, servants, employees or representatives from and against any and all losses, damages, expenses and all third party actions, proceedings, claims, demands, costs (including without prejudice to the generality of this provision, the legal cost of each other), awards and damages that may arise in connection with this Campaign and/or as a result of the Participants’ Entry into the Campaign and/or the awarding and use/ misuse of the entitlements or as a result of any forfeiture thereof.

8. All information submitted by Participants in their participation of this Campaign shall belong to ESCAPE and the Participants irrevocably and unconditionally consent and permit ESCAPE to use, publish or feature the Participants without further notice or compensation for publicity, advertising or any other related purposes in any manner whatsoever, including but not limited to in any of ESCAPE's publications, websites and/or any promotional materials connected to the Campaign.

9. ESCAPE and its affiliates expressly disclaim to the fullest extent permitted by law all express, implied, and statutory warranties, including without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights.

10. These Terms and Conditions contain the complete agreement with respect to the subject matter hereof, and shall prevail over any inconsistent terms, conditions, provisions, agreements, understandings or representations contained in any other promotional or advertising materials for the Contest.

11. ESCAPE reserves the right to vary, delete or add to any of these Terms and Conditions without any prior notice or liability to the Participants or any third party. Participants are advised to review these Terms and Conditions from time to time so that Participants will be apprised of any changes. By participating in the Campaign following a change to these Terms and Conditions constitutes agreement to the new terms. If Participants cannot comply with the amended terms, the Participant's only remedy is to cease from participating in and withdrawing from the Campaign.

12. The failure or delay of ESCAPE to exercise any of its rights under these terms or upon any breach of these Terms and Conditions shall not be deemed a waiver of those rights or of the breach.

13. These Terms and Conditions shall in all respect, include all matters of construction, validity and performance be governed by, construed and enforced exclusively in accordance with the laws of Malaysia. Parties shall submit to the exclusive jurisdiction of the Malaysian courts.

14. If any provision of these Terms and Conditions shall be held by a court of competent jurisdiction to be contrary to law, such provision will be enforced to the maximum extent permissible and the remaining provisions of these Terms and Conditions will remain in full force and effect.




TERMS & CONDITIONS FOR THE MERDEKA PHOTO CONTEST ESCAPE SHOTS 2015 (“Contest”)

Introduction

This Contest is held by Escape Axiata Sdn Bhd (Company No. 240867-U) (“ESCAPE”). By participating in the Contest, the Contestants (as herein defined) hereby agrees to be bound by these terms and conditions which shall form an integral part and to be read together with terms and conditions of the Contestants’ Registration Form (CRF) and/or terms and conditions for the respective mobile/content service(s) offered by Celcom Mobile Sdn Bhd (Company No. 27910-A) (“Celcom”) relevant to the Contestants in respect of this Contest and ESCAPE terms of use as provided at www.celcomESCAPE.com (“ESCAPE Terms and Conditions”).

In the event of a conflict or inconsistency between these terms and conditions and CRF and/or terms and conditions for the respective mobile/content service(s), such inconsistency shall be resolved by giving precedence in the following decreasing order (i) these terms and conditions (ii) ESCAPE Terms and Conditions (ііі) terms and conditions of the CRF and/or the respective mobile/content service(s) provided by Celcom.

Duration of Contest

This Contest shall commence from 12 August 2015 until 10 September 2015 (“Contest Period”). Any extension thereof shall be subject to ESCAPE’s sole discretion.

Eligibility

1. This Contest shall be applicable to all Malaysian citizens or permanent residents of Malaysia (“Contestants”).

2. Unless otherwise prescribed in the Contest Mechanics, to enter the Contest, Contestants must be a minimum of thirteen (13) years of age or over at the date of entry. Contestants below the age of eighteen (18) (“Minor”) may be required to fill up a form to verify that they have obtained the consent from their parents or legal guardian in order for them to be eligible to participate in the Contest.

3. For the avoidance of doubt, this Contest shall not be applicable to employees of ESCAPE and Celcom (including their immediate family members), authorised promoters and/or any of the agencies or partners connected with this Contest. “Immediate family members” means any of the following: spouse, child or step-child (whether natural or by adoption), parent, step-parent, grandparent, step-grandparent, brother, sister, step-brother, step-sister.

Contest Mechanics

1. The Contestant may participate in this Contest by satisfying the following conditions (“Entry”):

(a) taking a photo based on the theme of the Contest which is “Sehati & Sejiwa: The power of a pair”;

(b) uploading the photo on either Instagram, Facebook or Twitter with a creative caption in either English or Bahasa Melayu; and

(c) hashtag the photo uploaded with #ESCAPEShots2015. Celcom’s Magic SIM customers must include the hashtag #ESCAPEShots2015 and #MagicSIM.

2. All Entries must be uploaded during the Contest Period.

3. The Contestant has to ensure that the Contestant’s Instagram, Facebook or Twitter accounts must be available for public viewing.

4. The Contestant shall bear its own costs and expenses, if any, in the making of the Entry.

5. The Contestant shall ensure that the Entry must be the Contestant’s original work, must not be copied, must not contain any third-party materials and/or content that the Contestant do not have permission to use and must not otherwise be obscene, defamatory or in breach of any applicable legislation or regulations.

6. Contestants may submit as many Entries as possible. For the avoidance of doubt, only one (1) Entry will be selected as the winner of the Contest and only one (1) cash prize will be distributed per Contestant.

7. ESCAPE shall select one hundred (100) Contestants who fulfils the following as winners of the Contest (“Winners”):-

i. fulfilment of requirement of Clause 1 above; and

ii. Entries which are judged to be the most visually appealing and has the most creative caption by ESCAPE.

8. The Winners of the Contest shall be entitled to the following:

(a) non-Magic SIM users shall be entitled to win a cash prize worth RM200.00 each; and

(b) Magic SIM users shall be entitled to win twice the cash Prize which would amount to RM400.00 each.

(collectively referred to as “Prize”)

9. ESCAPE shall notify the Winners via phone call or e-mail of their entitlement to receive the Prize (“Notification”). ESCAPE reserves the right to use any other method or medium as it deems fit at its sole and absolute discretion for the purpose of notifying the Winners.

10. All Winners may collect their Prize from Level 4, Menara Celcom, 82, Jalan Raja Muda Abdul Aziz, 50300 Kuala Lumpur, Malaysia during official working hours. The Winners must collect the Prize within thirty (30) days from the date of which the Prize is available for collection which shall be notified to the Winners by ESCAPE at a later date after Notification (“Prize Collection Period”). The Prize shall be forfeited in the event that the Winners fail to collect after the expiry of the Prize Collection Period.

11. For the avoidance of doubt, the Prize shall be given in the form of a cheque.

12. For Winner(s) who reside outside of the Klang Valley, the Winner(s) may inform ESCAPE for the option of receiving their Prize via courier to the Winner’s preferred mailing address. Celcom shall not be liable to any damage or loss of the Prize during the courier process.

General Terms and Conditions

1. ESCAPE reserves the sole and absolute right to withdraw, amend, omit and/or vary any part or the whole of the terms and conditions of this Contest without prior notice to the Contestant herein stated and the Contestant shall be bound to observe, perform and comply with the terms and conditions herein and any amendments thereof.

2. ESCAPE’s decisions in any matter in relation to the Contest shall be final and conclusive. Any request for appeal and review shall not be entertained.

3. ESCAPE shall not be liable for any claim by the Contestant or third-party claims or loses of any nature, including but not limited to, loss of profits, punitive, indirect, special, incidental or consequential damages or for other damages and any related claims of any nature, including direct, indirect, third party, consequential or other damages resulting from or in connection with this Contest.

4. ESCAPE disclaims any and all liability for loss or damage to property or any personal injury or loss of life resulting from or in connection with this Contest.

5. The Contestant acknowledges and agrees that ESCAPE reserves the rights to disqualify any entry if the Contestant is in breach of its obligations or any terms and conditions of this Contest. Notwithstanding the above, ESCAPE reserves the right to reject any entry or the Contestant at its sole and absolute discretion without having to assign any reasons whatsoever.

6. ESCAPE does not take any responsibility in the event Contestant is prevented from participating in the Contest, as a result of certain technical restrictions or other limitations or force majeure which include but not limited to regulatory and/or government directive, act of God etc.

7. Any photographs, personal information and names submitted for the Contest, service marks, trade names, trademarks are the property of ESCAPE.

8. ESCAPE reserves the right, at its absolute discretion to use the names, photographs, voice or video recordings and entries of the Contestant for publicity, advertising, trade or Contest purposes in any media without first obtaining any consent or making any payment whatsoever to the Contestant.

9. Except as expressly mentioned herein, ESCAPE shall not be responsible for any expenses and cost including out-of-pocket expenses related to or as a consequence of participating in this Contest.

10. All Prize offered under this Contest are not transferable for cash or in kindand shall be subject to availability of stock, if applicable. ESCAPE reserves the right to substitute and replace the Prize offered with another Prize of equal value or higher value as ESCAPE deems fit.

11. Escape disclaims any warranties or liabilities for the merchantability and fitness of the Prize under this Contest, if applicable. The warranties applicable for the Prize are subject to the terms and conditions provided by the manufacturer or supplier of the Prize, if applicable.

12. The content for the Contest is provided by a third party. ESCAPE does not filter or edit such content. The Contestant acknowledges that ESCAPE is under no obligation to censor the content or information provided. ESCAPE disclaims all liability in relation to the content provided.

13. In the event any of these terms and conditions is invalid, illegal and unenforceable under any applicable law or by any reasons whatsoever, the legality and enforceability of the remaining provisions shall not be affected.

14. No delay or indulgence by ESCAPE in enforcing any terms or conditions herein shall constitute waiver by ESCAPE of the Contestant’s breach of these terms and conditions.




TERMS AND CONDITIONS FOR THE “ESCAPE AUTO REGISTRATION

WITH FIRST™ BASIC 38 WITH ESCAPE MOVIE PASSES CAMPAIGN” (“Campaign”)

Introduction

This Campaign is held by Escape Axiata Sdn Bhd (Company No. 240867-U) (“ESCAPE”). By participating in the Campaign, the Customer (as herein defined) hereby agrees to be bound by these terms and conditions which shall form an integral part and to be read together with terms and conditions of Customer Registration Form (CRF) and/or terms and conditions of the respective mobile service(s) offered by Celcom Mobile Sdn Bhd (Company No. 27910-A)(“Celcom”) relevant to the Customer in respect of this Campaign and ESCAPE terms of use as provided at www.celcomESCAPE.com (“ESCAPE Terms and Conditions”).

In the event of a conflict or inconsistency between these terms and conditions and CRF and/or terms and conditions of the respective mobile/content service(s), such inconsistency shall be resolved by giving precedence in the following decreasing order (i) these terms and conditions (ii) ESCAPE Terms and Conditions (ii) terms and conditions of the CRF and/or the respective mobile service provided by Celcom.

Duration of the Campaign

This Campaign shall commence from 28 April 2015 to 31 October 2015 (“Campaign Period”). Any extension thereof shall be at the sole discretion of ESCAPE.

Eligibility

This Campaign shall be applicable to new and existing Celcom postpaid customers who are not blacklisted by any mobile telecommunication service providers and with no outstanding amount due (“Customers”).

Campaign Mechanics

1. Customers may participate in the Campaign by subscribing to the Plans as stated in Clause 2 (“Subscription”) and the Customers shall be entitled to two (2) ESCAPE Movie Passes per month (“Movie Pass”).

2. Subject to Clause 1 above, the Plans available to the Customers shall be as follows:-

a. First™ Basic 38 with ESCAPE Movie Passes on a twelve (12) months’ subscription at the price of RM48.00 per month; and/or

b. First™ Basic 38 with ESCAPE Movie Passes on a twenty four (24) months’ subscription at the price of RM48.00 per month.

3. Upon Subscription, the Customers shall receive an SMS notification containing ESCAPE’s website link (“Web Link”) and a password allowing the Customers to redeem the Movie Pass (“Movie Pass Redemption”) by logging in to the Web Link using the Customers’ mobile device number and the said password.

4. The Customers shall be entitled to redeem two (2) contents (“Contents”) listed in Celcom Favorite section on the Web Link upon the Customers’ fulfilment of Clauses 1 and 2.

5. Additional Contents shall be charged at standard rates.

6. Each Movie Pass Redemption shall be valid for forty eight (48) hours only.

7. Each Movie Pass shall be valid for thirty (30) days only (“Valid Period”). Any unutilized Movie Pass on any particular month shall be forfeited and any request of extension of the Valid Period shall not be entertained.

8. All Subscriptions shall be subject to the relevant terms and conditions of the Plan.

GENERAL TERMS AND CONDITIONS

1. ESCAPE reserves the sole and absolute right to withdraw, amend, omit and/or vary any part or the whole of the terms and conditions of this Campaign without prior notice to the Customer herein stated and the Customer shall be bound to observe, perform and comply with the terms and conditions herein and any amendments thereof.

2. ESCAPE’s decisions in any matter in relation to the Campaign shall be final and conclusive. Any request for appeal and review shall not be entertained.

3. ESCAPE shall not be liable for any claim by the Customer or third-party claims or loses of any nature, including but not limited to, loss of profits, punitive, indirect, special, incidental, or consequential damages or for other damages and any related claims of any nature, including direct, indirect, third party, consequential or other damages resulting from or in connection with this Campaign.

4. ESCAPE disclaims any liability for loss or damage to property or any personal injury or loss of life resulting from or in connection with this Campaign.

5. The Customer acknowledges and agrees that ESCAPE reserves the rights to disqualify any participation if the Customer is in breach of its obligations or any terms and conditions of this Campaign. Notwithstanding the above, Celcom reserves the right to reject any participation or the Customer at its sole and absolute discretion without assigning any reasons whatsoever.

6. ESCAPE does not take any responsibility in the event Customer is prevented from participating in the Campaign, as a result of certain technical restrictions or other limitations specific or force majeure which including but not limited to regulatory and/or government directive, act of God etc.

7. All photographs, personal information and names submitted in the *Campaign/Promotion, service marks, trade names, trademarks are the property of ESCAPE.

8. ESCAPE reserves the right, at its absolute discretion, to use the names, photographs, voice or video recordings and entries of the Customer for publicity, advertising, trade or Campaign purposes in any media, without first obtaining any consent nor making any payment whatsoever to the Customer.

9. Except as expressly mentioned herein, ESCAPE shall not be responsible for any expenses and cost including out-of-pocket expenses related to or as a consequence of participating in this Campaign.

10. All prizes offered under this Campaign are not transferable for cash or in kind and shall be subject to availability of stock. ESCAPE reserves the right to substitute and replace the prize offered with another prize of equal value or higher value as ESCAPE deems fit.

11. ESCAPE disclaims any warranties or liabilities for the merchantability and fitness of the prize under this Campaign. The warranties applicable for the prize are subject to the terms and conditions provided by the manufacturer or supplier of the prize.

12. The content for the Campaign is provided by a third party. ESCAPE does not filter or edit such content. The Customer acknowledges that ESCAPE is under no obligation to censor the content or information provided. ESCAPE disclaims all liability in relation to the content provided.

13. In the event any of the provision in these terms and conditions is invalid, illegal and unenforceable under any applicable law or by any reasons whatsoever, the legality and enforceability of the remaining provisions shall not be affected.

14. No delay or indulgence by ESCAPE in enforcing any terms or conditions herein shall constitute waiver by ESCAPE of the Customer’s breach of these terms and conditions.