SD Guthrie Berhad (“SD GUTHRIE”) and Ecotourism & Conservation Society of Malaysia (“ECOMY”) are responsible for this Carey Heritage Bird Photography Competition “Campaign”). Please read these Terms and Conditions carefully. By participating in this Competition, participants signify their agreement with an understanding of the following Terms and Conditions and the legal information pertaining to both this Competition and any material on it.

Eligibility

1. The Campaign is open only to participants who are all Malaysia aged 18 years and above as at the date of participation. Participants below the age of 18 years are required to obtain the consent of their parents or guardians to participate in this Campaign.
2. You agree to indemnify SD GUTHRIE and ECOMY against any and all claims arising from your participation in this Campaign and any breach of the Terms and Conditions contained herein. SD GUTHRIE and ECOMY’s rights are hereby expressly reserved.
3. SD GUTHRIE and ECOMY reserves the right to disqualify and/or exclude any entries from the Campaign, without providing any reasons. 
4. You are eligible to join the Campaign provided you agree to and accept the following Terms and Conditions.

Campaign Rules

1. The Campaign period is from 3 October 2025 until 5 October 2025 (“Campaign Period”).
2. Entry fees are RM200 which includes two nights of twin sharing accommodation at Ecogardens, Carey Island, 3 meals per day and access to guided birding sessions and competition activities.  
3. A briefing session for the Campaign is scheduled on 3 October 2025 at 5.00pm. Attendance is compulsory.
4. The Carey Heritage Bird Photography Competition will commence at 7.00am on 4 October 2025 until 10.00am on 5 October 2025.
5. All photo submissions must be made by 10.00 a.m. on 5 October 2025. Late submissions will not be accepted.
6. Participants are encouraged to submit as many photos as they wish, showcasing a wide variety of bird species. Each participant must mark 2 photos taken during the Carey Heritage Bird Photography Competition as their best entries for judging. We strongly encourage that these 2 selected photos feature different bird species to promote biodiversity awareness. The photo with the highest score will be considered for the main prize. In the event of a tie, the score of the second marked photo will be added to the first to determine the winner. Bonus points may be awarded for species diversity across all submissions. A minimum of 2 pictures per species may be submitted. To ensure fair play and promote species diversity, memory cards must be empty at the start of the Carey Heritage Bird Photography Competition. The organiser reserves the right to inspect memory cards before and after the event. All photos taken during the competition may be retained and used by the organiser for promotional, educational, or conservation purposes. Participants are encouraged to capture as many different bird species as possible to support biodiversity awareness.
7. Photos must be taken within any part of SD Guthrie estate in Carey Island. Participants are not allowed to take photos outside of this designated area. 
8. The welfare of the birds must be the top priority. Nested, caged, restrained, injured or dead birds as well as birds identified by the judges as escapees will be excluded from consideration. 
9. The use of audio equipment to attract birds is strictly prohibited.
10. Species not endemic to Carey Island (e.g. new species to Carey Island) may be included subject to acceptance by the judges.
11. Participants will be evaluated based on their scores. The winners will be the participants who achieves the highest total scores as awarded by the judges.
12. Image must be submitted in JPG format. Minor edits, such as denoising are permitted, however heavily AI-edited photos will be disqualified. Each winner will be required to provide the original RAW images for verification. 
13. Participants who borrow gear are fully responsible for its care. The borrower shall bear the cost of any damages, assessed based on the equipment’s value as determined by an inspection conducted by the brand’s technician.
14. SD GUTHRIE and ECOMY shall be granted co-ownership and the rights to use all photos in for internal documentation, educational outreach and marketing purposes, with proper credit given to the photographer. 
15. Any participants who breach the rules and regulations of the Competition will be disqualified.
16. The judges’ decision shall be final and binding.

Evaluation Criteria

1. All photos submission must be completed by 10.00 a.m. on 5 October 2025.
2. File to be named via Name, Phone number, Photo 1 (species) or Photo 2 (species). (eg. Ahmad_0123456789_P1_Spotted Dove).
3. Evaluation will be based on the following criteria: exposure accuracy, focus accuracy, colour accuracy, and creativity (composition and storytelling).
4. The winners will be announced at 1.00pm on 5 October 2025, after lunch.

Campaign Entries

1. By submitting an entry for the Campaign (“Entry”), you hereby:

(a) specifically authorise SD GUTRHIE and ECOMY and/or have third parties that may designate to use such Entry, in whole or in part, worldwide and in perpetuity, in any and all media, now known or hereafter developed, either alone or in combination with other content, for marketing purpose; and

(b) represent and warrant that all elements contained in the Entry 

(i) are your original work, 

(ii) does not and will not, in any way, violate or breach any of the terms of any other agreement which you are a party, 

(iii) does not unlawful infringe upon or violates any copyright, trademark or any other intellectual property or proprietary rights, 

(iv) does not contain libelous, tortious content and their use, publication or sale will violate any applicable law or regulation, 

(iv) is not obscene or otherwise unlawful, and 

(v) shall not require SD GUTHRIE and ECOMY to pay or incur any costs, fees or other sums to any person or entity as a result of SD GUTHRIE and ECOMY’s use or exploitation of the Entry. You agree to indemnify and hold harmless SD GUTHRIE and ECOMY from and against any claims, actions, damages, losses and costs and expenses (including legal fees and professional fees) arising from or in connection with any breach of the foregoing warranty.

2. Participants are solely responsible for ensuring that their submitted Entry are successfully received by the SD GUTHRIE and ECOMY. Any technical errors resulting in the failure to submit the Entry within the Campaign Period will be deemed disqualified.
3. SD GUTHRIE and ECOMY reserves the right to disqualify any Entry that does not comply with the rules and regulations of the Campaign as outlined in these Terms and Conditions. This includes Entry submitted with invalid or incorrect information.
4. Acceptance of participation in the Campaign and/or prizes shall constitute consent by the participants to allow SD GUTHRIE and ECOMY to use the participants’ name, nickname, image, voice, likeness and/or the fact that the participation or winning for editorial, advertising, promotional, marketing and/or other purposes without further notice or compensation, except where prohibited by law. Acceptance of participation in the Campaign and/or prizes shall constitute a release and discharge of SD GUTHRIE and ECOMY and/or its authorised representatives from any and all liability, claims, demands, causes of action, and damages, whether known or unknown at the time, arising from or relating to: 

(i) the Campaign, 

(ii) any personal injury, property damage, theft or loss suffered by the participants as a result of participation in or enjoyment of the Campaign or prizes, and/or 

(iii) any tax liabilities in related to the Campaign, prizes or their use or enjoyment.

5. Participants agree to be contacted by SD GUTHRIE and ECOMY or its authorised representatives to participate in public relations activities related to the Campaign to generate press coverage of the Campaign and the accessories range. This may include, but not be limited to, providing quotes given for press releases, attending press conferences, attending interviews, and other related media activities.
6. Any unfair or unethical methods of participation may result in disqualification at the sole discretion of SD GUTHRIE and ECOMY.

Prizes

1. In the event that a winners (i) does not respond to SD GUTHRIE and ECOMY within seven (7) days of being notified by SD GUTHRIE and ECOMY of his/her win; (ii) refuses to provide his/her name, address and contact information for the purpose of prize delivery; (iii) is found to have breached any Terms and Conditions herein; or (iv) his/her entry is deemed invalid for whatever reasons, his/her prize will be forfeited and SD GUTHRIE and ECOMY reserves the right to select an alternative winner.
2. In the event that any winner is disqualified from the Campaign, SD GUTHRIE and ECOMY, at its sole and absolute discretion to determine whether a replacement winner should be selected. If a replacement winner is to be selected, the selection will be conducted based on the same criteria as set outlined in these Terms and Conditions. SD GUTHRIE and ECOMY may repeat this process any times as necessary until a satisfactory winner is chosen in accordance with these Terms and Conditions.
3. SD GUTHRIE and ECOMY’s decision on the selection of winners is final. No appeals and requests for reconsideration, including inquiries into the status of the Campaign entries, will be entertained.
4. SD GUTHRIE and ECOMY have the final decision with regards to any dispute related to the selection of winners. All appeals made including appeals to check the status of the Campaign entries, will not be entertained.
5. Prizes for the Campaign are as follows:
   • First Prize: RM5,000
   • Second Prize: RM3,000
   • Third Prize: RM2,000
   • Fourth Prize: RM1,000
   • Fifth Prize: RM500

6. Prizes are non-transferable and cannot be exchanges for cash or other alternatives. SD GUTHRIE and ECOMY reserves the right to substitute any prizes with another of equal value without prior notice.
7. Acceptance of any prize shall constitute consent the winners’ consent to allow GUTHRIE and ECOMY to use your name, image, voice and/or likeness for editorial, advertising, promotional, marketing and/or other purposes without further compensation except where prohibited by law. By accepting a prize, each winner also releases and discharges SD GUTHRIE and ECOMY from any and all liabilities, claims, demands, causes of action, and/or damages, whether known or unknown at the time, arising out of or relating to: (i) participation in the Campaign, (ii) any personal injury, property damage, theft or loss suffered by the winners as a result of the use and/or enjoyment of the prize, and/or (iii) any tax liabilities associated with the Campaign, the prize and/or use or enjoyment.
8. The results of all winners will be announced on the spot following the completion of judging on 5 October 2025. 
9. Winners agree to be contacted by SD GUTHRIE and ECOMY or its authorised representatives to participate in public relations activities related to the Campaign to generate press coverage of the Campaign and the accessories range. This may include, but not be limited to, providing quotes given for press releases, attending press conferences, participating in interviews and other related media opportunities.
10. SD GUTHRIE and ECOMY reserves the right to withhold prizes pending verification of the winners’ compliance with the Terms and Conditions of the Campaign.
11. Where applicable, prizes not collected within 4 weeks from the date of notification for collection shall be disposed of at SD GUTHRIE and ECOMY’s sole discretion. The decision of SD GUTHRIE and ECOMY regarding the award of all prizes, as well as any circumstance including those not specifically covered in these Terms and Conditions, shall be final and binding on all participants. No queries, objections appeals will be entertained regarding any such decision. The receipt of any prize by a winner under this Campaign is conditional upon compliance with all applicable laws, rules and regulations.

Liabilities

1. SD GUTHRIE and ECOMY accept no responsibility for any damage, loss, injury or disappointment suffered by participants resulting from his/her participation in the Campaign or from accepting any prize. SD GUTHRIE and ECOMY shall not be responsible for the safe custody, return, non-delivery or loss of entries nor for any entries that are late, misdirected or incomplete. Further, SD GUTHRIE and ECOMY shall not be responsible for any technical issues, including but not limited to malfunction of any telephone network or lines, computer on-line systems, servers, or service providers, computer equipment or software failure, email delivery issues or internet congestion. This includes any injury to the participants or damage to the participants’ computer or mobile telephone related to or resulting from participation in the Campaign or downloading of any Campaign materials.
2. By entering the Campaign or accepting the prizes, you agree that no claim relating to losses or injuries (including special, indirect and consequential losses) shall be asserted against SD GUTHRIE and ECOMY, , its affiliates, directors, officers, employees or agents. This includes all losses, damages, rights, claims and actions arising from the participation in the Campaign and acceptance of any prize, including without limitation, personal injuries, death and property damage.
3. By submitting the Campaign Entry, you agree and warrant that you shall not submit any content (a) that is hateful, threatening, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence; (b) that violates any law, statute ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); that is, or may reasonably be considered to be, defamatory, libelous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing to any individual, partnership or corporation; (c) on behalf of any merchant or manufacturer, or for which you were compensated or granted any consideration by any third party; (d) that includes any information that references other apps, addresses, email addresses, contact information or phone numbers; or (e) that contains any computer viruses, worms or other potentially damaging computer programs or files.

Use of Personal Information

1. All information, including personal information (“Information”) submitted to or collected by SD GUTHRIE and ECOMY and/or its affiliates in connection with this Campaign will only be used solely for the purposes  outlined in these Terms and Conditions and will be processed in accordance with the Privacy Policy of SD GUTHRIE and ECOMY at ECOMY, which can be founded on SD GUTHRIE and ECOMY websites.

Miscellaneous

1. SD GUTHRIE and ECOMY reserves the right, in its sole discretion, to terminate or suspend this Campaign without any liability to participants, should unforeseeable events arise which in that absolute opinion of SD GUTHRIE and ECOMY, may jeopardise the process of the Campaign.
2. SD GUTHRIE and ECOMY reserves the right to amend/change these Terms and Conditions and the prizes at any time without any liability to the participants.
3. In the event of disputes relating to the Campaign or these Terms and Conditions, SD GUTHRIE and ECOMY shall have the sole and final authority to make the final decision.
4. These Terms and Conditions of this Campaign shall be governed by and construed in accordance with the laws of Malaysia.