MAXIS IoT CHALLENGE 2019 TERMS AND CONDITIONS

  1. PARTICIPATION
  1. Program Title
    Maxis IoT Challenge 2019 ("Program").

  2. Eligibility

    1. 2.1 This Program is organised by Maxis Broadband Sdn Bhd ('Maxis') and is open to all members of the public who are 18 years old and above who must be a part of a team. The participant must be either:

      1. (i)
        a Malaysian citizen; or
      2. (ii) a non-Malaysian with a valid permanent residency/work or student visa.

      3. and must not be involved in the organisation, execution or administration of the Program, or is an immediate family member (children, parents, brothers and sisters, including spouses) of or household member of the person involved in the organisation, execution or administration of the Program. Participants shall be subject to proof of eligibility and suitability requirements as stipulated within these terms and conditions (“Terms & Conditions”) and as determined by Maxis. 
    2. 2.2 Each team must consist of a minimum of two (2) up to a maximum of five (5) individuals with at least one member having programming experience to build a working prototype.
    3. 2.3 Permanent employees or contract staff of Maxis are not eligible to participate in the challenge.  
    4. 2.4 If a participant does not have a team, we may assist in forming teams if the participant attends any of our IoT roadshows (“Roadshows”).
       
  3. How To Enter

    1. 3.1 Registration will open on the 13th of May 2019.
    2. 3.2 Roadshows
      If you would like to attend any of the Roadshows, you are required to register at business.maxis.com.my/maxisiotchallenge. Registering and participating in our Roadshows does not automatically register you for the Program.
    3. 3.3 Program
      1. (i) If you intend to participate in the Program, you are required to register at business.maxis.com.my/maxisiotchallenge and submit the following:-
      2. a video proposal, no longer than two (2) minutes in length. Any video link should be made accessible to the judging panel for shortlisting.; and
      3. a summary of the abstract idea, no more than 300 words.
      4. (ii) Submission of ideas must be based on the given themes and problem statements. Anything outside of the stipulated themes will not be considered by Maxis.
      5. (iii) All applications for the Program must be submitted via the given link on or before the 16th of June 2019 by 11.59 p.m. Any submission thereafter would not be considered for the Program.
    4. 3.4 Each team must appoint and authorise one (1) individual team member (“Representative”) to represent, act and submit the application on behalf of the team. This Representative will be the point of contact for Maxis. By submitting the application of behalf of the team, the Representative represents and warrants that she/he is the authorised representative of the team and that:-
      1. (i) the details of the other members of the team as submitted by the Representative are accurate and up-to-date; and
      2. (ii) the Representative has obtained the consent from each team member for the collection and processing of their personal data (as defined in the Personal Data Protection Act, 2010) prior to disclosing and sharing any personal data with Maxis and its agents; and
      3. (iii) the Representative is authorised to accept these Terms & Conditions on behalf of all the members of the team.
      4. All members of the team must register for the Program. Change of members is allowed at any time prior to the Pitch Day, and must be informed to the event organisers via the given email: iotc@maxis.com.my.
    5. 3.5 One individual may only be part of one (1) team. Each team may submit more than one (1) submission. Only fully completed applications will be considered for the Program.

  4. Program & Selection

    1. 4.1 The Program will be conducted in the following phases:-

      1. a)
        Roadshows
      2.     Briefing of the Program will be conducted at the location and dates as set out below:-
      3. (i) Penang – 23 May 2019
      4. (ii) Kuala Lumpur - 25 May 2019
      5. (iii) Kuching - 27 May 2019
      6. b) Program
      7. First Round
      8. After closing of submission for applications, the shortlisting and selection of the successful teams will take place based on our selection criteria which is at our sole and absolute discretion. Upon submission of your application, you will receive an email confirmation from us where we will notify the date where we will inform whether your team have been shortlisted for the Final Round of the Program.
      9. Final Round
      10. If your team is shortlisted to enter the Final Round, your team is required to attend the following sessions:-
        1. IoT Workshop
        2. You will be invited to a one (1) day IoT Workshop where you will be given the Maxis IoT Starter Kit (“Starter Kit”) to develop your working IoT solution and any device associated with it (“Prototype”). You will also be briefed on the evaluation criteria for the Program.
          You are given thirty (30) days from the date of the IoT Workshop or such other duration as may be stipulated by us from time to time to develop your Prototype to be presented on the Pitch Day.

        3. Pitch Preparation Day
        4. We will hold a mock pitching session prior to the Pitch Day where you are able to participate to receive feedback and suggestions on improvements to your presentation as well as to familiarise yourself with the format.

        5. Pitch Day
        6. You are required to showcase and demonstrate your solution to a panel of judges.
        7. The number of finalists chosen to advance to the Final Round is at our sole and absolute discretion.
    2. 4.2 You hereby agree that the team or any member of the team will attend and participate in the sessions of the Final Round and we are entitle to forfeit your entry is you fail to attend such sessions for any reason whatsoever.
    3. 4.3 Whilst we may provide opinions, suggestions, advice, information and assistance to you during the Program, we do not guarantee the viability of any business concept presented or pursued by you nor is there any promise of success and earnings. You acknowledge and understand that none of the opinions, suggestions, advice, information and assistance provided during the Program shall be deemed as professional advice. You are advised to seek your own independent advice from the professionals.

  5. Requirements

    1. 5.1 Your presentation, video and materials submitted must be in English.
    2. 5.2 Shortlisted teams must use the Starter Kit and the Microsoft Azure platform to develop their solution for the final pitch. Your team members are required to bring their own equipment (eg. laptops and mobile phones). No hardware or software other than the Starter Kit and the Microsoft Azure platform will be provided. Electrical outlets are available on a first come first serve basis.
    3. 5.3 You are allowed to develop your own Prototype using any programming language. Any use of pre-existing codes or intellectual property is allowed as long as it does not infringe any existing copyright of codes or intellectual property right of any third parties. You warrant and represent that your submission and Prototype:-
      1. (i) is your team’s original work and consist of intellectual property that you own or have procured permission from the owner to use; and
      2. (ii) is not currently or will be funded or compensated, in whole or in part by any third party, to be commercially exploited or accelerate the Prototype to market; and
      3. (iii) will not exploit or introduce any bugs in the Starter Kit; and
      4. (iv) does not infringe any intellectual property rights of another party including but not limited to copyright, trademarks or service marks, or breach any rights of privacy, publicity or other rights of any person or entity which may bring Maxis and/or its related and affiliated corporations into disrepute; and
      5. (v) does not violate any laws or regulations.
    4. 5.4 You must make your Prototype including any of the ideas, design, codes developed available to Maxis, without any restriction and you shall grant the license and right or procure the license and right for Maxis and the judges to use, test and evaluate the Prototype without any charge. If your Prototype runs on proprietary or third party software and/or hardware, including those on devices or wearable technology, you must provide us with access to such software and/or hardware.
    5. 5.5 The Prototype developed and presented is solely the responsibility of the team and the team takes full and complete responsibility to ensure that the rights of ownership, originality and functionality of the Prototype is well within the limits of the law.
    6. 5.6 Your submission must not have any information or content that is false, fraudulent, deceptive, misleading, defamatory, libelous, slanderous, disparaging, threatening, profane, obscene, pornographic, hateful, indecent, inappropriate or injurious to any individual or third parties.

  6. Registration Fee

    1. There is no fee for participation and no purchase is necessary.

  7. Sponsors

    1. The Program is supported by various organisations or government bodies that will co-host the Roadshows and/or the Program.

  8. Prizes

    1. 8.1 Maxis will appoint a judging panel at its sole and absolute discretion.
    2. 8.2 The total value of prizes to be won is Ringgit Malaysia Thirty Thousand (RM30,000.00) which are as set out below:-
      1. Grand Prize - Ringgit Malaysia Fifteen Thousand (RM15,000.00) only; and
      2. 1st Runner-Up - Ringgit Malaysia Ten Thousand (RM10,000.00) only; and
      3. 2nd Runner-Up - Ringgit Malaysia Five Thousand (RM5,000.00) only.
    3. 8.3 Should Maxis deem it fit to further the idea and Prototype, the Grand Prize winner may potentially stand a chance to receive further funding of up to Ringgit Malaysia One Hundred Thousand (RM 100,000.00) only which will be in the form of monetary support and resources from Maxis to accelerate the Prototype to market with Maxis. Maxis reserves the sole and absolute right to decide whether to fund the winning idea based on the advice given by the judging panel or in the event of any other information that has come to Maxis’ knowledge.
    4. 8.4 axis reserves the right to :-
      1. (i) replace or substitute the types and value of prizes as we deem fit, in whole or in part, if Maxis is not able to award the prizes as described for any reason; and
      2. (ii) revoke and seek the return of any award of the prizes if we find that your team or any member of the team breached any rules or the Terms & Conditions.
    5. 8.5 Each team is limited to one (1) prize per team. If your team qualifies for more than one prize, the higher prize will be awarded to you and the lower prize will go to the next-ranked team.
    6. 8.6 The prizes are non-assignable and non-transferrable to any third parties.

  9. Intellectual Property

    1. 9.1 There is no assignment or transfer of any existing intellectual property rights owned by the respective parties. Neither party shall contest ownership of all or part of the other party’s existing intellectual property rights. You shall own the intellectual property rights to the Prototype developed by you during the Program.
    2. 9.2 All information, materials, tools, processes, concepts and strategies provided by Maxis under the Program including but not limited to text, illustration, graphic, image, interfaces, video, music or audio recording, logo etc. (“Intellectual Property”) belongs to Maxis and are confidential and subject to intellectual property rights. Unless expressly permitted by Maxis, you may not copy, download, reproduce, modify, publish, distribute, transmit, adapt, create any derivative works or sell such Intellectual Property.
    3. 9.3 If you intend to further develop or commercially exploit your Prototype or transfer the intellectual property rights of your Prototype to a third party at any time after the Program, you shall offer Maxis the first right of refusal to opt to work with you in your further development or to acquire the intellectual property rights of your Prototype before you communicate such intention with anyone else.
    4. 9.4 You are required to inform Maxis on any changes to the intellectual property of your Prototype at any given time.

  10. Confidentiality

    1. You agree that your ideas, information, data, strategies, business concept and processes which you disclose during the Program are not confidential and Maxis is absolved from any implied confidentiality obligations.

  11. Safety

    1. 11.1 Maxis reserves the right to refuse any participant’s admission or remove any participant from the venues throughout the Roadshows and sessions under the Program in reasonable circumstances including for health and safety or licensing reasons. Maxis also reserves the right to request that any participant and any other party to leave the venue at any point on reasonable grounds and may take any appropriate action to enforce this right.
    2. 11.2 By way of an example, Maxis may remove a participant and any party who:-
      1. (a) has behaved in a manner which, in the reasonable opinion of Maxis has, or is likely to affect the enjoyment of other participants at the venue; or
      2. (b) uses threatening, abusive or insulting words or behaves in a way which provokes or may provoke a breach of the peace; or
      3. (c) in the reasonable opinion of Maxis is acting under the influence of alcohol, illegal substance or drugs.
    3. 11.3 You agree to follow instructions and directions given by Maxis to conduct searches for prohibited items including weapons, controlled/dangerous and illegal substances and to submit or surrender such items upon request.
    4. 11.4 Participants must comply with the instructions and directions given by Maxis and/or its personnel and agents on duty at the venue. It is your responsibility to keep your personal belongings, such as laptops, cell phones and cameras safe. Maxis is not responsible for any damage or loss of your belongings suffered or incurred by the participants. The participants assumes all risks and danger incidental to attending any of the Roadshows or sessions under the Program or when handling and using the Starter Kit, whether occurring prior to, during or subsequent to the actual event, including any death, personal injury, loss, damage or liability.
    5. 11.5 The Program does not limit in any way the participation of any disabled person, but the said individual MUST provide sufficient information (in writing) regarding their medical condition to Maxis prior to participating in the Program.
    6. 11.6 Maxis has the full rights to completely postpone, delay, cancel, interrupt or stop any of the Roadshows or sessions under the Program in the event conditions are deemed unsafe at the venue such as the following:
      1. (a) power failure at the venue; or
      2. (b) fire, flooding, earthquake, inclement or adverse weather at the venue; or
      3. (c) dangerous situations at the venue; or
      4. (d) any politically motivated restriction/strike/curfew at venue or its surrounding; or
      5. (e) any force majeure event at the venue or its surrounding.
    7. 11.7 In the event any of the Roadshows or sessions under the Program being delayed, cancelled or postponed, Maxis cannot be held responsible for any costs incurred by the participants and any other party for travel, accommodation or any other related service and will not offer compensation of any costs incurred.
    8. 11.8 The use of equipment for recording or transmitting (by digital or other means) any audio, visual or audio-visual material or any information or data inside the event venue is strictly forbidden, unless it is for personal use only. Unauthorized recordings, tapes, films or similar items may be confiscated and destroyed. Any recording made during the Program constitutes a breach of these Terms & Conditions and such recording shall automatically belong to Maxis. Maxis will not be held liable for any loss, theft or damage to any confiscated items.

  12. Indemnity

    1. To the maximum extent permitted by law, you and the members of your team agree to defend, indemnify and hold Maxis, its directors, officers, employees, representatives and agents and sponsors harmless from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorneys’ fees) arising out of or accruing from:
      1. (i) any submission or material uploaded or otherwise provided by you that infringes any copyright, trademark, trade secret, patent or other intellectual property right of any party; or defames any person or violates their rights of publicity or privacy; and
      2. (ii) breach of any representations and warranties set forth herein and made by you in connection with the Program; and
      3. (iii) any non-compliance and breach by you of these Terms & Conditions and rules of the Program; and
      4. (iv) claims brought by persons or entities other than the parties to these Terms & Conditions arising from or related to your involvement with the Program; and
      5. (v) acceptance, possession, misuse or use of the Starter Kit or participation in any activity related to the Program; and
      6. (vi) any breach of applicable laws.

  13. PERSONAL INFORMATION/PERSONAL DATA

    The personal information/personal data supplied by you when entering this Program will be used by Maxis in accordance with its privacy policy in the Maxis Privacy Statement. Please refer to the Maxis Privacy Statement by visiting the website (at https://www.maxis.com.my/privacy-statement/) for more information as entry in this Program is an agreement to be bound by that privacy policy, which shall form an integral part of the Terms & Conditions of this Program.

    The personal information/personal data collected may be used in future by Maxis to provide you with further information about similar campaigns and information in relation thereto, which subscribers may opt out of by informing Maxis of the participant’s decision to do so. Your personal information/personal data is subject to the safeguards concerning privacy and security of data as set out in Maxis’ Privacy Statement and the Personal Data Protection Act 2010.

    You shall ensure that all personal information/personal data provided to Maxis are accurate and correct at the point of submission and that Maxis is kept informed and updated of any change in their personal information/personal data.

    B. GENERAL

  14. By participating in this Program, the participants agree to be bound by these Terms & Conditions. In addition to these Terms & Conditions, the terms and conditions applicable for the use of the content and/or service including the Starter Kits, including terms and conditions for the use of the relevant content and/or service as set out at https://azure.microsoft.com/en-gb/support/legal/subscription-agreement-nov-2014/ shall apply. Your qualification and eligibility is subject to our approval at all times. Failure to comply with the eligibility criteria, violation or suspected violation of any applicable terms, conditions, rules, regulations, instructions or methods or for any other reason shall result in the participant or the team being disqualified from the Program at our sole and absolute discretion.


  15. The Program shall in all respects be governed by the laws of Malaysia. However, it shall be your sole responsibility and obligation to ensure that you comply with and do not contravene with any laws to which you may be personally subject to.


  16. Maxis' decisions shall be final and conclusive and no correspondence, complaint or appeal shall be entertained by Maxis at any time during or after the Program.

  17. Maxis' decisions shall be final and conclusive and no correspondence, complaint or appeal shall be entertained by Maxis at any time during or after the Program.

  18. Only the selected teams will be contacted. You are advised to keep your mobile phones switched on and your email accounts active during this period. Maxis shall not be responsible nor liable if you cannot be contacted for any reason whatsoever. If Maxis is unable to reach you after the stipulated attempt above, or, if the team is unable to make it on the dates of the sessions under the Program, Maxis reserves the right to disqualify the team and to select the next eligible team in line who fulfil the selection criteria.

  19. Participants are not entitled to demand or request for specific Program conditions/ requirements such as change of Program, etc.

  20. The Program set out above shall be used/taken entirely at the risk of the participants at all times and Maxis excludes all warranties and liabilities in connection with the Program to the fullest extent permitted by law. The Program participation is non-transferable, non-assignable and non-exchangeable for cash or any other item.

  21. You are responsible to arrange for your own transportation and for any additional costs, duties, taxes and/or other incidental expenses which may be incurred as a result of and/or related to your participation in the Program and the prizes.

  22. By participating in the Program, you acknowledge that you and/or your Prototype may be photographed, filmed or be written about by us or members of the media throughout the Roadshows and Program. You hereby expressly grant and/or have procured the permission from the relevant individuals for Maxis, its agencies and sponsors to use the participants’ name, photographs and/or likeness, video, recording, testimonial or other media item and to post information about the Prototype and the Program (“Materials”) for purposes of advertising, editorial, promotional, marketing, trade and/or other purposes at Maxis’ website, social media account, digital marketing platforms and any other media outlets without further compensation and notice. The participants release Maxis, its directors, officers, employees, representatives, agents and sponsors from all claims and demands arising out of or in connection with any use of the Materials including but not limited to claims for invasion of privacy, defamation and any other personal or proprietary rights. Any person who does not want to have their photo taken or distributed must inform Maxis in writing of his/her intentions and include his or her photograph for identification purposes. Maxis will use the photo for identification purposes only and hold it in confidence.

  23. We are not liable to you for any loss, damages or compensation for any replication or abuse or development of your proposed idea or Prototype by any party coming into contact with the idea via Maxis’ advertising, editorial, promotional, marketing, trade and/or other activities at Maxis’ website, social media account, digital marketing platforms and any other media outlets.

  24. Participation in the Program by the participants constitute a release and discharge of Maxis and its related and affiliated corporations, by or from any and all liability, claims, demands, actions and/or damages which the participants may have, whether known or unknown at the present time, of any nature whatsoever, arising out of or relating to:-

    1. (a) the Program;
    2. (b) personal injury and/or property damage, theft or loss suffered by the participant as a result of participation/presence in the Program; or
    3. (c) any tax liabilities in relation to the Program, prize and/or use or enjoyment of the same.
  25. Maxis reserves the right-

    1. (a) to change, amend, revise, supplement, delete, vary or add to the Terms & Conditions without prior notice at any time and the participant shall be bound to such changes, amendments, revisions, supplements, deletions, variations or additions;
    2. (b) at any time, change any aspect of the Program (including, if any prizes and postponement or discontinuing the Program) without prior notice. Maxis shall use reasonable endeavours to inform of any changes to the Program via any medium. You are encouraged to periodically check our website and social media accounts for up-to-date information; and
    3. (c) at its sole and absolute discretion, to cancel, suspend, modify or delay the Program in the event of unforeseen circumstances beyond its reasonable control. By continued participation in this Program, the participants will be deemed to have accepted any changes, amendments, revisions, supplements, deletions, variations or additions, which may be published at business.maxis.com.my/maxisiotchallenge.
  26. This Program and the prizes are provided on an "AS IS" and “AS AVAILABLE” basis without any representations or warranties of any kind whether express or implied. Maxis, its related and affiliated corporations disclaim and exclude all warranties relating to or in connection with the Program and the prizes including warranties of merchantability, fitness for a particular purposes, non-infringement, security and accuracy to the fullest extent permitted by applicable law. In no event will the aggregate liability of Maxis arising out of or relating to these Terms & Conditions and your participation in the Program exceed RM100.

  27. In no event shall Maxis, its related and affiliated corporations, sponsors, agencies and representatives be liable to the participant or to anyone else for any loss or injury or any direct, indirect, special, exemplary, consequential damages, or any damages whatsoever, whether in contract, negligence or in tort, arising out of or in connection to the Program, the prizes and the Participant’s participation in the Program including (without limitation) any cancellation, postponement, suspension or termination of the Program.

  28. Maxis shall not be liable to the participants or for any other party for any loss or damage of whatsoever nature suffered by a participant or such other party as a result of participation or non-participation in the Program or as a result of any act or omission on the part of Maxis or its sponsors.

  29. Maxis reserves the right, in its sole discretion, to disqualify any participant that is found or suspected of tampering with the Program submission process, the operation of this Program or to be in violation of the Terms & Conditions. Maxis reserves the right to disqualify any participant and/or to forfeit any prize from a participant it believes has undertaken fraudulent practice and/or activities or other activities harmful to this Program or the Program submission process. Fraudulent activities are deemed to include but not be limited to the following:-

    1. (a) any act of deceit and/or deception and/or cheating; or
    2. (b) submission of entries and/or responses by any person other than the natural person who is eligible to participate in the Program; or
    3. (c) submission of entries and/or responses wholly or partially by way of and/or generated by way of any electrical device, computer, pre-programmed modem or by any other method or device which contravenes the submission of entries and/or responses as stipulated in part (b) herein above.
    4. Notwithstanding the above, Maxis reserves the right to disqualify any participant or team at its sole and absolute discretion without assigning any reason whatsoever.

     

  30. If any of these Terms & Conditions is held to be invalid, illegal and/or unenforceable under any applicable law or by any reasons whatsoever, the legality and enforceability of the remaining provisions shall not be affected.

  31. Any provisions herein where the context requires it to survive, shall survive after the Program.

  32. No indulgence, failure or delay on the part of Maxis to exercise any right, power or enforce any terms or conditions herein shall operate as a waiver or acquiescence thereof, nor shall any single or partial exercise by Maxis of any right, power or remedy preclude the exercise of any further or other right, power or remedy.