Terms & Conditions
Gamewars is a mobile game portal that offers all genre of mobile game, web game and tournament game available on smartphones. The tournament game allows the Participants to upload score to leaderboard (the "Tournament(s)"). The Tournament is organized by Gamewars (hereinafter referred to as "the Organizer"). By participating in the Tournament(s), the Participants hereby agree to be bound by these terms and conditions which shall form an integral part of, 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 Customer in respect of the Tournament(s).
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:-
1. these terms and conditions; 2. terms and conditions of CRF; and/or 3. the respective mobile/content service(s).
1. All Tournaments have their own commencement time and closing time ("Tournament Period") and they are displayed in www.gamewars.my website. All entries received outside the Tournament Period shall be automatically disqualified.
2. By participating in the Tournament(s), you agree to be bound by all the terms and conditions hereinafter stated below ("Terms and Conditions").
3. Tournament Eligibility
a) The Tournament(s) is/are open to all active Maxis postpaid and prepaid subscribers who holds an individual account (corporate account excluded). For the avoidance of doubt, "active" in this section means a subscriber who is able to make and receive calls. b) All of Maxis and the Organizer's employees (including its related corporation) and their immediate family members are not eligible to participate in any of the Tournament(s). c) The Organizer reserves the right to reject any entries with abnormal activities at the Organizer's discretion subject to Clause 8. Only valid entries are to be considered for prizes. An entry is considered valid when:
4. Tournament(s) Mechanics
a) To participate in the Tournament(s), you must download the tournament game application on your mobile device. b) Your subscription to Gamewars is RM3.00 per week which will entitle you to download all mobile games, web games and tournament games that are offered at any time. For the avoidance of doubt, you will still be able to play the game although you have not paid for the subscription but will not be entitled to join the Tournament(s). c) Subsequently, you must play the game for the Tournament as specified in the www.gamewars.my website ("Tournament Game") and upload your score on the respective Game's leaderboard via the game application. d) You may play the Tournament Game multiple times. Each time your score is uploaded onto the respective Game leaderboard ("Game Leaderboard"), it will be considered as an entry. No specific entry form is required. e) If you terminate your subscription to Gamewars by sending "STOP GW" via SMS to 22277 or call the Organizer or Maxis to unsubscribe you will lose all your accumulated score on the Game Leaderboard. f) You may at any time thereafter re-subscribe to Gamewars and play the Game but the previous score will no longer be available and will not be taken into consideration for the Tournament(s). g) The subscribers shall play the Tournament Game within the Tournament Period where top ten (10) scorers will be shortlisted and the scores will be audited. h) The Finalists will each win one (1) unit of the prizes ("Prizes") depending on their scores and the Game Finalist with the higher score will win the first Prize and so on and so forth. i) The Finalists need to be successfully charged for a minimum of 10 times throughout the tournament period. Finalists will not be considered for the prizes if the condition is not met.
a) All Tournament(s) has/have its own set of prizes. The list of prizes is displayed in the www.gamewars.my website. b) If there is a tie in the scores, the winner would be the participant who attains the tied score first. c) Unless disqualified, a Customer is entitled to grab one prize only during the Tournament Period. d) The list of the winners will be announced and published no later than two (2) month after the Tournament Period ends at www.gamewars.my. e) Winners will be notified by phone call and/or SMS and will be required to respond within 48 hours. If no response is received within 48 hours, the prize will be forfeited and awarded to an alternate winner. f) The winners must collect the prizes during a specified period and at the venue specified by the Organizer and may be required to attend a prize-giving ceremony. If the winners fail to collect the prize during the prize collection period of two (2) weeks or, if called upon to attend a prize-giving ceremony but failed to attend at such a prize-giving ceremony, the Organizer may select another participant as the winner. g) If the winner is under eighteen (18) years of age, the winner must be accompanied by a parent or a legal guardian to collect the prize. h) The prize is non-transferable and non-redeemable for cash. i) The prize is given on an "as is, where is" basis. The organizer reserves the right to substitute the prize with that of similar value at any time without prior notice.
a) The Organizer's decisions on any matter relating to the Tournament(s) are final and binding on all participants. If any matters were to arise which are not covered in these Terms and Conditions, these matters will be determined solely by the Organizer. b) The Organizer may change any of these Terms and Conditions including terminating or suspending the Tournament(s) and extending the Tournament Period. Any such change will be announced on our website. It is your responsibility to check these Terms and Conditions on our website and if you do not agree to any of the changes, you must immediately cease participation in the Tournament(s).
7. Exclusion of Liability
a) To the extent permitted by law, the Organizer excludes all liability in connection with the Tournament(s). All participants and parents or guardians (as the case may be, if the participants are below eighteen (18) years of age), agree to release the Organizer from and indemnify the Organizer against all liability (including negligence) for any personal injury or for loss or damage (including loss of opportunity), whether direct or indirect, special or consequential arising out of participation in this Tournament(s). b) The content provided on the website and any other information provided in relation to the game and tournament is strictly on an "as is, where is" basis. The Organizer/Gamewars does not guarantee nor warrant true and flawless representation of the game and the tournament. c) The organizer/Gamewars disclaims any responsibility and liability from any loss and disruption caused by the malfunction of the mobile phone, viruses or contamination which is beyond the control of the Organizer/Gamewars. d) Once the game has commenced, any Customer's inability to play due to faulty hardware or any malfunction on the mobile phone or any other technical failures which is beyond the control of the Organizer/Gamewars shall not entitle the Customer to any refund of the subscription charges.
8. Fair Play
The Organizer/Gamewars shall have the right, at its own discretion to exclude or eliminate the Customer from participation in the tournament, to refuse from awarding the prize and to demand the return of any previously awarded prizes in the tournament in the event the Customers committed unfair activities as follows:-
a) falsification of any information necessary to subscribe to the game and tournament; b) collusion with any third party including unfair cooperation with a third party that can have an effect on the result of the tournament; c) use of automated tools or system which provide an advantage to the Customers over other users; or d) use rooted and non-official Custom ROMs Android phone(s) or jailbroken iPhone(s) which provide an advantage to the Customers over other users.
By participating in the Tournament(s), all participants (to the extent permitted by laws):-
a) consent for the Organizer to collect, record, hold, store, use and disclose their personal information for purposes which are necessary or related to the participation in the Tournament(s); and b) consent for the Organizer to disclose or publish their personal information such as their names and identities and any general information that the Organizer sees fit about the participants in any media, marketing or advertising materials; and c) grant the Organizer the absolute and unrestricted right to modify, use and publish any still or moving images of the participants for any promotional, marketing, commercial or other related purpose, without any payment or compensation.
10. Intellectual Property Rights
a) The information contained herein on websites, games and tournament which include but not limited to texts, graphics, photos, sounds, video, software, interactive feature and trademark, service marks and logos shall be solely owned by Gamewars and the Customers undertake not to misuse any of the information contained herein. b) Gamewars reserves the right to terminate and revoke the Customers' subscription and participation in the tournament if the Customers violate the provision in relation to intellectual property rights contained herein.
11. Governing Law & Jurisdiction
The Tournament(s) and these Terms and Conditions are governed by the laws of Malaysia. The participants agree that the Courts of Malaysia shall have non-exclusive jurisdiction over all matters arising from the Tournament(s).
12. Force Majeure
Neither party shall be responsible for its failure to perform due to causes beyond its reasonable control such as acts of God, fire, theft, war, riot, embargoes or acts of civil or military authorities.
13. No Waiver
Failure by either party to enforce any provision of this Terms and Conditions will not be deemed a waiver of future enforcement of that or any other provision.
If for any reason a court of competent jurisdiction finds any provision of this Terms and Conditions, or portion thereof, to be unenforceable, that provision of the Terms and Conditions will be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of this Terms and Conditions will continue in full force and effect.