TERMS AND CONDITIONS

TERMS AND CONDITIONS

for the

ONLINE VOTING OF THE “BINIBINING KAPAMILYA  BARKADAHAN 2019”
 

These Terms and Conditions (“Terms”) govern the relationship between ABS CBN Australia of 5.05/12 Century Circuit, Norwest, New South Wales 2153, Australia (“ABS-CBN”, “our”, “us” or “we”) and you for your participation in the online voting of the “Binibining Barkadahan Kapamilya 2019” (defined below) to be held from October 1 to November 17, 2019 (the “Promo”), as an adjunct to the pageant, Ms. Barkadahan 2019 (the “Event”) to be held on November 17, 2019 from 10:00 am to 1:00 pm at Macpherson Stadium, Mongkok, Hong Kong (the “Event Venue”). 

By registering at www.missbarkadahan.tfc.com (the “Website”) you confirm that you are at least 18 years old and are entering into an agreement with ABS-CBN concerning your participation in the Promo and any other matters set out herein, and you acknowledge that you have read, understood and agree to be bound by these Terms.

Any reference to “we”, “us”, or “our” in these Terms refers to ABS-CBN. Any reference to “you”, “your” or “user” refers to the individual participating in the [Promo].

These Terms should be read together with the Privacy Notice provided that, in the event of any inconsistency between these Terms and the Privacy Notice concerning matters relating to personal data, the Privacy Notice shall prevail.

DESCRIPTION:

This is an online voting for the Binibining Kapamilya Barkadahan 2019 from among the 12 finalists of Ms. Barkadahan 2019, a beauty pageant being held by Smartone. 
The Binibining Kapamilya  Barkadahan 2019 is a special award / title given to the chosen contestant who is voted by online users as the one embodying ABS-CBN's mission and vision of being “In the Service of the Filipino”; gives her 100% in everything she does, making excellence her habit rather than a coincidence; strives to be better than she was yesterday; a team player and a leader who only knows "we" and not “I”; upholds honesty, integrity and respect knowing these are the traits of a true Kapamilya; and, more than anything, she is selfless for working and traveling outside the Philippines to put her family and their needs above herself and her own personal interests.

Duration 

The participation period for the online voting will run from October 1, 2019 (5:00 a.m.) until November 17, (12:00 noon), 2019, Hong Kong time.

Eligibility to Join in the Online Voting:

1.    Any person who is residing or located in either the Philippines or Hong Kong for the Duration of the Promo; and, 
2.    With online access to the Website, either through a desktop, laptop, android phone and/or iOS phone.

Mechanics / Rules: 

1.    Users must visit and access the Website
2.    On the homepage of the Website, the user can browse through the profile of the twelve (12) contestants of Ms. Barkadahan 2019, and click on the “VOTE” button below the profile image of the contestant that he/she wants to vote.
3.    User shall be prompted to log in by the message “To Vote, You Must Log In”.
4.    In case the user does not have existing log-in credentials, he/she must register. 
5.    To register, user shall log in using his/her Facebook account which will link their Facebook account to the Website. 
6.    User will be prompted by a Lightbox (i.e. a pop-up window)  that will ask the user to:
a.    input his/her mobile telephone number
b.    tick the box/es to 1) agree to ABS-CBN’s Privacy Notice; 2) agree to these Terms; and 3) (at the user’s option) consent to receive direct marketing,
and upon completing these processes, registration of the User shall proceed.
7.    Mandatory fields must be filled in and User must click “SUBMIT”.
8.    In the event that the User does not select “SUBMIT” and selects to “CANCEL”, he/she will be redirected to the homepage of the Website, all data entered into the Lightbox shall be completely erased, the user’s Facebook account shall not be linked to the Website, and the vote shall not be counted.
9.    If the user selects “SUBMIT”, a “VOTING SUCCESSFUL” Lightbox will appear, confirming that the vote for the particular candidate has been collected. 
10.    Users can VOTE ONLY ONCE PER DAY. User’s First Name, Last Name, email address and/or mobile number may be used to check if a User trying to vote has already voted on the same day.
11.    Results of the votes shall be shown during the Event, before announcing the winner.
12.    The winner of the Binibining Kapamilya Barkadahan 2019 shall be based on the following criteria:
-    80% - Online Votes
-    20% - Answer to the Kapamilya Question during the Event
The decision shall be final and unappealable.
13.    This Promo may be suspended, retracted, discontinued or invalidated at any time without notice.

Warranties 

You warrant that you have voluntarily joined any and/or all of the foregoing online voting, and assume all risks arising from or associated with your participation in them. You acknowledge that there could be the risk of injury arising from your participation in the Promo. Notwithstanding anything to the contrary in these Terms, nothing shall exclude or restrict ABS-CBN’s liability for death or personal injury resulting from ABS-CBN’s negligence.

Right to Cancel, Modify or Suspend the Online Voting

ABS-CBN reserves the right, at its sole discretion to cancel, modify or suspend the Promo for any reason whatsoever, including but not limited to infection by computer virus, technical failures or any other problems beyond the control of ABS-CBN. Any such cancellation, modification or suspension may be done by ABS-CBN without notice and without incurring any liability to you whatsoever. 

Right to Disqualify Anyone who Violates the Terms

ABS-CBN reserves the right at its sole discretion to disqualify anyone from joining the Promo who violates these Terms or acts in an un-sportsmanship or disruptive manner, to be determined at ABS-CBN’s sole discretion. Any such disqualification by ABS-CBN shall not incur any liability to you whatsoever.

Non-Liability of ABS-CBN

To the full extent permissible by applicable law, you agree to hold ABS-CBN, its subsidiaries and affiliates, including their directors, officers, agents, partners, and employees, free and harmless from any and all claims, liabilities, damages, injuries arising from or connected to your joining or participating in the Promo. 

Indemnification 

To the full extent permissible by applicable law, you agree to indemnify and hold ABS-CBN, its subsidiaries and affiliates and their directors, officers, agents, or other partners, and employees, free and harmless from and against any and all claims, damages, liabilities, injuries, costs and expenses, including attorney’s fees, made by any third party due to or arising out of your participation in any or all of the [Promo], your violation of these Terms, your violation of the rights of any person or entity, or your violation of any applicable laws.

Agreement to the Terms

You shall abide by the Terms which you acknowledge have been fully made known to you by ABS-CBN. ABS-CBN may supplement or amend these Terms from time to time. You will accept any decisions of ABS-CBN relating to the Promo or the enforcement of these Terms as final and binding. 

Miscellaneous

(i) The provisions of these Terms shall be severable, and if any provision, or part-provision, of these Terms shall be held or declared to be illegal, invalid, or unenforceable, such illegality, invalidity, or unenforceability shall not affect any other provision, or part-provision, of these Terms, and the remainder of these Terms, disregarding such illegal, invalid or unenforceable provision, or part-provision, shall continue in full force and effect as though such illegal, invalid, or unenforceable provision, or part-provision, had not been contained in these Terms; (ii) no failure or delay by ABS-CBN to exercise any right or remedy under these Terms or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy.  No single or partial exercise of such right or remedy shall prevent or restrict further exercise of that or any other right or remedy; (iii) these Terms do not create any right enforceable by any person who is not a party to this Agreement.

Governing Law

These Terms, and any disputes or claims arising out of, or in connection with, it or its subject matter or formation (including non-contractual disputes or claims), are governed by, and shall be construed in accordance with, the laws of Hong Kong.

CONTACT US

If you have any questions or comments on these Terms or the [Promo], please contact [customerserviceAP@abs-cbn.com]