ORGANISER AND ELIGIBILITY

1. This NESCAFÉ® KICK-START™ Entrepreneur Edition [“the Contest”] is organised by Nestlé Products Sdn. Bhd. [45229-H] [“the Organiser”] and is open to all Malaysian residents between the ages of 18 to 25 years of age as of 8th October, 2008 [“the Participant”].

2. The following group of persons shall not be eligible to participate in this Contest:

[a] Employees of the Organiser [including its associated and related companies] and their immediate family members [children, parents, brothers, and sisters, including spouses]; and/or

[b] Representatives, employees, servants and/or agents of advertising and/or promotion service providers of the Organiser [including its associated and related companies] and their immediate family members [children, parents, brothers, and sisters, including spouses].

DURATION

1. This Contest will run from 8th October, 2008 to 7th March, 2009 [“the Contest Period”]. The Organiser shall reserve the right to amend the Contest Period at any time. All entries received outside the Contest Period will be automatically disqualified. 

SUBMISSION OF ENTRIES AND QUALIFYING CRITERIA

1. To participate in this Contest, the participants must be registered as a member of the www.kickstart.com.my website [“Members”]. Registration is via the said website.

2. Each participant may only have one [1] website member account. Please refer to the privacy policy and the terms and conditions in this website, which will bind the members and users of the website.

3. Registration is only open to Malaysian residents with a valid NRIC or Passport Number and e-mail address.

4. No proof of purchase is required for entry to the Contest. There are three [3] stages of the Contest.

5. Submission of entries for Stage 1 of this Contest can be sent via short message system [“SMS”] or online at www.kickstart.com.my.

6. To enter via SMS just type the Contest code, new IC number, Name, Email address and the answers to all five [5] multiple choice Entrepreneur Evaluation [“the Evaluation”] in the sequence shown on the Contest leaflet and send it to 36300.
   
   For example:Type in KS<space>860925105528<space>Jametong
   <space>jamest@gmail.com<space>ABCDA and send it to 36300

7. Each SMS sent will be charged a premium of RM0.30 excluding the normal operator charges.

8. To enter via online at www.kickstart.com.my, the participants must submit their multiple choice answers to all five [5] questions of the Entrepreneur Evaluation. Each question is allowed one [1] answer.

9. Each entry received via website and SMS during the Contest Period will be serialized according to the time of receipt. Participants may send as many entries via website and/or SMS as they wish during the Contest Period but the last entry will be used as the final submission.

10. Each answer will be assigned with a specific point. The participants who have scored the required number of points will automatically be allowed to participate in the Stage 2 of the Contest.

11. All submissions for Stage 1 must be received by the Organiser by 23:59:59 of 7th December, 2008. Submissions after this date will be disqualified.

12. All incomplete submissions will also be automatically disqualified.

13. The participants who are successful in Stage 1 will be notified via SMS and Email and will be given details on Stage 2 of the Contest.

14. For Stage 2, the qualified participants will be required to complete a preset Business Plan Overview template [“the Plan”], within thirteen [13] days, starting from 00:00:01 9th December, 2008 and ending on 23:59:59 21st December, 2008.

15. During that thirteen [13] days period, the qualified participants for Stage 2 are allowed to edit and resubmit their Plan. The last submission within that period will be used as the final answer.

16. The submission can be done in Bahasa Malaysia or English but shall be done online at www.kickstart.com.my.

17. The panel of judges will select one hundred [100] Plans from the qualified participants of Stage 2 to qualify to Stage 3 of the Contest [“the Semi-Finalists”]. The judging criteria of the Plan submitted shall be based on completeness, creativity, originality and relevancy to the Contest.

18. The Plans of the Semi-Finalists will be posted on www.kickstart.com.my website for public feedback, comments, viewing and voting for a period of thirty-five [35] days, starting from 00:00:01 30th December, 2008 and ending 23:59:59 2nd February, 2009 [“the Semi-Finalist Voting Period”]. The Semi-Finalists will be required to reply to the feedbacks and justify their Plan on the website.

19. During the Semi-Finalist Voting Period, Members are allowed to cast one [1] vote per day for any of the Semi-Finalists, at the www.kickstart.com.my website. Only votes received during the Semi-Finalist Voting Period will be considered as valid votes.

20. The voting by members will constitute 50% of the total votes while the remaining 50% will be based on the judging by the selected panel of judges. The judging criteria shall be based on the Semi-Finalists' feedbacks and justification in relevance to their Plans.

21. Based on the votes, twenty [20] of the Semi-Finalists with the highest votes will be chosen for the final stage [“the Finalists”].

22. The Finalists will be notified via SMS, Email and telephone call by 7th February, 2009.

23. The Finalists are required to submit a self-promotional Video [“the Video”] consisting of:

    1. An introduction of themselves;

    2. An introduction and description of their product/service;

    3. Their idea of entrepreneurship; and

    4. Why the public should vote for them.

24. The Video is to be delivered in a CD-ROM or DVD-ROM format to NESCAFÉ® KICK-START™ Entrepreneur Edition c/o MediaConcise Sdn. Bhd., L-5-10, No 2, Jalan Solaris, Solaris Mont Kiara, 50480, Kuala Lumpur. The final submission deadline for the Video is 18:00:00 20th February, 2009.

25. Submissions received after the deadline will be automatically disqualified.

26. The Videos will be posted on www.kickstart.com.my on 22nd February, 2009 for online voting, for a period of fourteen [14] days, starting from 00:00:01 22nd February, 2009 and ending 23:59:59 7th March, 2009 [“the Finalist Voting Period”]. The Finalists are encouraged to reply to the feedbacks and promote their Videos on the website.

27. During the Finalist Voting Period, Members are allowed to cast one [1] vote per day for any of the Finalists, at the www.kickstart.com.my website. Only votes received within the Finalist Voting Period will be considered as valid votes.

28. The voting by members will constitute 50% of the total votes while the remaining 50% will be based on the judging by the selected panel of judges. The judging criteria shall be based on completeness, creativity, originality and relevancy to the Contest of the Video submitted.

29. The Winners will be announced on the 14th March, 2009 at the www.kickstart.com.my website.

PRIZES

The Prizes for this Contest consist of two [2] categories:

[a] Each of the twenty [20] Finalists who submits their self-promotional Video will be entitled to a reward prize of [Ringgit Malaysia] one thousand [RM1,000] each.

[b] Final Stage Winners

Three [3] winners will be selected from the Finalists, based on the voting process above. The prizes for the Final Stage and the selection of the winners are as follows:

1. The Finalist with the highest number of votes will be the Grand Prize winner and will receive Ringgit Malaysia ten thousand [RM10,000].

2. The Finalist with the second highest number of votes will be the First Prize winner and will receive Ringgit Malaysia five thousand [RM5,000].

3. The Finalist with the third highest number of votes will be the Second Prize winner and will receive Ringgit Malaysia three thousand [RM3,000].

1. Winners’ names will be announced on the website and notified via email and telephone through their contact provided. The Organiser will not be held liable in the event the winner[s] cannot be contacted for whatever reasons.

2. The cash prizes will be paid in the form of cheque and will be delivered to the winners at the addresses provided at the point of registration. All cost of delivery will be borne by the Organiser. The Organiser will not be held liable in the event of non-receipt, delayed delivery or the winner does not cash the cheque.

3. Winners shall assume full liability and responsibility in case of any liability, mishap, injury, damage, claim or accidents [including death] resulting from their participation in this Contest, redemption and/or usage of the prizes.

LIABILITY & RESPONSIBILITY

1. By participating in this Contest, the participants agree to release and hold the Organiser free and harmless of any all losses, damages, rights, claims and actions of any kind in connection with the participation in this Contest or resulting from acceptance, possession, or use of any prize, including, without limitation, personal injuries, accidents [including death], and property damage, and claims based on publicity rights, defamation or invasion of privacy.

2. All personal costs and/or any other costs, fees and/or related expenses that are incurred to participate in this Contest and to collect the prize [if outside of Malaysia] are the sole responsibility of the participants and the winners.

RIGHTS OF THE ORGANISER

1. By submitting your materials for this Contest, all participants agree and acknowledge that all intellectual property rights thereto shall belong to the Organiser. The Organiser shall have the exclusive right to use, edit, modify and publish all messages, videos and photos submitted by all the participants, publish the name and photographs of the participants, in any way it deems fit for any advertising, trade, promotional purpose and for any other reason whatsoever, without any further notice to the participants and the participants shall not claim ownership or any payment or compensation on the materials. For the avoidance of doubt, the submissions will not be edited for judging purposes.

OTHER TERMS & CONDITIONS

1. All materials, photos and videos, submitted must be original and shall not breach any intellectual property rights belonging to any party. The participants shall not pose, distribute, reproduce or submit in any way whatsoever, any photos containing any intellectual property rights, including but not limited to copyrights, or other proprietary information owned by another party without obtaining the prior written consent of the owner of such intellectual property rights or proprietary information. If you believe that your work has been copied and posted on in a way that constitutes an intellectual property infringement, please contact the Organiser.

2. The Judges’ decisions are final and no correspondence thereon will be entertained.

3. The Organiser, in its sole discretion, reserves the right to modify this Rules & Regulations without any prior notice.

4. The Rules & Regulations are given in English and Bahasa Malaysia. In the event of any inconsistencies between any of the two [2] versions, the English language version of the Rules & Regulations shall prevail.

5. By participating in this Contest, participants agree to be bound by this Contest Rules & Regulations, and the decisions of the Organiser.

TECHNICAL REQUIREMENTS

1. All Videos to be submitted/loaded must comply with the following specifications:

• Minimum video resolution : 320 X 240 pixels

• Maximum video resolution: 640 x 480 pixels

• Maximum video length: 3 min

• Format allowed: MPEG, AVI, WMV, QUICKTIME and 3GP

2. The Organiser shall not be held liable or responsible for any delay and/or failure in the receipt of entry due to the inability of the respective Internet Service Provider [ISP] company and/or telecommunication network to provide timely and/or efficient internet and/or telecommunication services.

3. Participants also agree that the Organiser is not responsible nor liable for any delay, injury or damage to the participant’s and/or any third party's computer, computer system or apparatus relating to or resulting from the access to, participation in this Contest, including the playing, downloading of any materials or information from the web-site and in connection with this Contest, submission/uploading of the photographs for this Contest, including without limitation any server failure, lost, delayed or corrupted data or other malfunction.

4. The Organiser is also not responsible for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction, unauthorised access to, or alteration of, user or member communications, or any problems or technical malfunction of any telecommunication network or lines, computer online systems, servers or providers, computer equipment, software, failure of e-mail on account of technical problems or traffic congestion on the Internet and/or telecommunication networks.

5. The Organiser reserves the right to modify, suspend or cancel this Contest in the event that it becomes incapable of running as planned, technically interfered or corrupted, including but not limited to infection by computer virus, bugs, tampering, unauthorised intervention, fraud, technical failures, or any other causes beyond the control of the Organiser, despite the best efforts of the Organiser.

6. The web-site is provided on an "as is" basis and, except as otherwise prohibited by applicable law, the Organiser expressly disclaim any warranty of any kind, including, but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement. The Organiser cannot guarantee and do not promise any specific results from use of www.kickstart.com.my. No advice or information, whether oral or written, obtained by you from us, or from or through www.kickstart.com.my shall create any warranty not expressly stated herein.

7. The Organiser, reserves the right, in its sole discretion, to disqualify any participant that is found or suspected of tampering with the Contest submission process, the operation of this Contest or to be in violation of the Conditions of Access of the web-site. The Organiser reserves the right to terminate the website member account of any person who it reasonably suspects has violated or infringed any of these general terms and conditions and the Organiser reserves the right to pursue legal action against any individual it believes has undertaken fraudulent activities or other activities harmful to this online Contest, the Contest submission process or the web-site.

PROHIBITED CONTENT

1. Below is a partial list of content that is illegal or prohibited on www.kickstart.com.my. Posting of any of this content by the participant may, in the Organiser’s sole discretion, result in termination of membership in addition to the disqualification of participation. In addition, the Organiser reserves the right to investigate and take appropriate legal action, in its sole discretion, against anyone who violates this provision, including without limitation, removing the offending communication from www.kickstart.com.my and reporting such violators to the appropriate legal authorities. Prohibited content includes, but is not limited to, contents which, in the Organiser’s sole judgment:

• is offensive to the online community, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;

• harasses or advocates harassment of another person;

• involves the transmission of "junk mail," "chain letters," "spam," or any other unsolicited mass mailing, e-mailing, or other communication;

• includes any information that [1] the participant knows is false or misleading, [2] promotes illegal activities or conduct that is abusive, or [3] is threatening, obscene, defamatory, or libelous;

• constitutes or includes any illegal or unauthorised copy of another person's copyrighted or copyrightable work, including, but not limited to, [1] pirated computer programs or links to them, [2] information which circumvents manufacturer-installed copy-protect devices, [3] pirated music or links to pirated music files;

• displays obscene, pornographic or sexually explicit material of any kind;

• includes material that exploits people in a sexual or violent manner;

• provide instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses.