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Terms and Conditions

MPT Terms and Conditions – X Factor Myanmar 2018

This page explains the terms by which you agree to abide by when participating in the X Factor Myanmar 2018 event (“Event”). The Event can be accessed through services provided by Myanma Posts and Telecommunications (“MPT”, “we”, “us”, “our”). The Event is operated by and provided to you by Blue Planet Co., Ltd (“Blue Planet”). By participating in the Event, you signify that you have read, understood, and agree to be bound by these Terms and Conditions and any other applicable rules, policies and terms associated therewith (collectively, the “Terms”).
The Terms are subject to change at any time. Your continued participation in the Event after any such change constitutes your acceptance of the revised Terms.

1. The Event

1.1As mentioned above, the Event is fully operated by Blue Planet, and thus any inquiries or matters concerning the Event should be addressed to Blue Planet directly. The scope of MPT’s involvement with the Event is limited to billing and subscription functions only, which will be further explained below.

1.2All rights not expressly granted to you in the Terms are reserved and retained by us or our licensors, suppliers, publishers, rights holders, or other content providers. You may participate in the Event only as permitted by the Terms and by law; all other uses are strictly prohibited.

1.3MPT may permanently or temporarily terminate, suspend, or otherwise refuse to permit your access or participation in the Event as determined in MPT’s sole discretion, without notice and liability for any or no reason. In such event, you shall continue to be bound by the Terms to the extent necessary to fulfill surviving terms contained herein.

1.4Your participation in the Event is subject to scheduled and unscheduled service interruptions. You agree that MPT will not be liable to you or any third parties for any interruption of the Event, downtime (planned or unplanned) or access failure.

1.5MPT shall have no liability for your use or misuse of the Event, any interactions you have with other users, or any other act or omission by you with regard to the Event.

2. Our Proprietary Rights

Except as otherwise rightfully operated by Blue Ocean or any other third party, as applicable, any MPT proprietary material related to the Event, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and content (collectively, “Content”), and all intellectual property rights related thereto, are the exclusive property of MPT and its licensors, suppliers, publishers, rights holders, or other content providers. Except as explicitly provided herein, nothing in the Terms shall be deemed to create a license or right in or under any such intellectual property rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, reverse engineer, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any materials or Content accessible on the Event. Use of the Content for any purpose not expressly permitted by the Terms is strictly prohibited.

3. Voting Period

The voting period for the Event is from 13 October 2018 to 16 December 2018 between 9:00 PM Saturday to 10:00 PM Sunday (Myanmar standard time) during Event weeks (“Voting Period”).

4. Eligibility

4.1The Event is intended solely for select MPT users (using a MPT SIM) who are thirteen (13) years of age or older. If you are under eighteen (18) years of age you may participate in the Event only if you either are an emancipated minor or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in the Terms, and to abide by and comply with the Terms.

4.2The following persons are not eligible to participate in the Event:  Employees, representatives, agents, officers or directors (and those with whom such persons are living, whether related or not) of MPT, Blue Planet Co., Ltd or MPT affiliated entities, distributors, prize suppliers, advertising/event agencies and any other individuals, entity or entities involved in the development, production, implementation, administration or fulfillment of the Event.

5. How to Participate

To participate in the Event, MPT users can send unlimited SMS to “8606” during the Voting Period. A fee of 105 Kyats, which is inclusive of tax, shall be charged per SMS sent.

6. Indemnity

You agree to defend, indemnify and hold harmless MPT and its subsidiaries, joint operation partner, agents, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys’ fees) arising from: (i) your use of and access to the Event, including any data or content transmitted or received by you; (ii) your violation of any term of the Terms, including without limitation your breach of any of the representations and warranties herein; (iii) your violation of any third-party right, including without limitation any right of privacy, publicity rights or intellectual property rights; (iv) your violation of any law, rule or regulation of the Union of Myanmar or any other country; (v) any claim or damages that arise as a result of any information submitted or received by you through the Event; or (vi) any other party’s access and use of the Event through your phone number (registered or unregistered), handset, or other device.

7. Disclaimers of Warranties and Limitation of Liability

7.1THE EVENT AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED IN OR OTHERWISE MADE AVAILABLE TO YOU THEREIN ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. MPT MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE EVENT, OR THE INFORMATION, INCLUDING ITS ACCURACY, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED IN OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE EVENT. YOU EXPRESSLY AGREE THAT YOUR USE OF THE EVENT IS AT YOUR SOLE RISK.

7.2MPT WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE EVENT, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED IN OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE EVENT, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND/OR CONSEQUENTIAL DAMAGES. 7.3IN ENTERING THE EVENT, YOU AGREE TO HEREBY RELEASE AND FOREVER DISCHARGE MPT, AND TO INDEMNIFY MPT FROM ANY AND ALL CLAIMS, DEMANDS, RIGHTS, CAUSE OF ACTION OR ANY NATURE OR KIND, ARISING FROM AND BY REASON OF ANY AND ALL LOSS, INJURY, DAMAGE OR LIABILITY AND THE CONSEQUENCES THEREOF WHETHER DIRECT OR CONSEQUENTIAL IN CONNECTION WITH THE EVENT, REGARDLESS OF THE CAUSE THEREOF, AND EVEN IF MPT HAS BEEN ADVISED OF THE POSSIBILITY THEREOF, INCLUDING WITHOUT LIMITATION, ANY INJURY TO ANY PERSONS OR ANY DAMAGE CAUSED TO ANY PROPERTY WHILE PARTICIPATING IN THE CONTEST OR ARISING OUT OF, OR IN CONNECTION WITH, THE USE OF THE PRIZE.

7.4TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, MPT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

7.5MPT DOES NOT WARRANT THAT THE EVENT, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED IN OR OTHERWISE MADE AVAILABLE TO YOU THEREIN, MPT SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM MPT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

8. Third Party Contenty

The Event may aggregate content obtained or provided by third parties, including Blue Planet Co., Ltd (“Third Party Content”). As such, MPT is not responsible for such Third Party Content or any linked websites associated with Third Party Content. Reference to any information, products or services of third parties does not constitute or imply endorsement, sponsorship or recommendation by MPT.

9. General

9.1The terms and conditions of any third party will apply to the Event where applicable.

9.2The Terms are subject to MPT’s General Terms and Conditions (“GTC”) which can be found at: http://mpt.com.mm/mm/about-home/terms-conditions-mm/. In the event of a conflict between the terms of these Terms and the GTC, the Terms shall prevail.

9.3The Terms are subject to the laws of the Republic of the Union of Myanmar and any regulation, notification, directive or instruction issued by a court or body of competent jurisdiction.

9.4If any term, covenant or provision of the Terms is held to be illegal, invalid or unenforceable by any court or body of competent jurisdiction or by virtue of any legislation to which it is subject, then the remainder of the Terms or the application of such term, covenant or provision to any person (other than those as to whom it is held invalid or unenforceable) shall not be affected thereby, and each provision of the Terms shall remain valid and enforceable to the fullest extent permitted by law.

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