2023 FUZE TEA X TRIPADVISOR PROMOTION
Terms & Conditions Malaysia

IMPORTANT: Please read these terms and conditions (“Terms and Conditions”) before entering this promotion (“Promotion”) provided by the Promoter listed in Section F below (“Promoter”). By entering this Promotion, you confirm that you have read, understood, and agree to comply with these Terms and Conditions and Privacy Policy.

A. Eligibility

B. This Promotion is valid in Malaysia only and open to all citizens, permanent residents and residents of Malaysia aged 13 and above, subject to the following conditions: 

1. If you are below 18 years of age, you may participate in this Promotion only if the written consent of your parent or legal guardian is obtained and by participating in this Promotion, you declare that you have obtained permission from your parent or legal guardian to take part in the Promotion and are subject to these Terms and Conditions and the Privacy Policy that applies to this Promotion. The award of any prize to you in this Promotion shall be subject to the production of the written consent to the Promoter who reserves the right to award any prizes in this Promotion to you in the event such written consent is not produced. 
2. You are not a) an employee or immediate family member (spouse, parent, sibling, child and each of their spouse, or household member) of the Promoter, partners, distributors, agencies, companies or participating business associated with this Promotion and their respective parents, affiliates, subsidiaries and related companies (collectively, “Affiliates”); and (b) prohibited under the laws of your country of citizenship, residency or domicile to participate in any games of chance and/or skill, or this Promotion.

C. If intellectual property is created by way of your participation, you will assign and transfer to the promoter or its assignee all worldwide right, intellectual property rights, title, and interest in your entries, together with the right to make any changes, adaptation, or modifications to the entries for the purposes of marketing, advertising, and trade without compensation to you. You shall do all things and execute all documents necessary, or may be required by the Promoter and/or to enforce any of the rights promised to the Promoter herein. You will release and discharge the Promoter against all claims, which you may have, or which may arise out of the rights granted to the Promoter in relation to this Promotion.

D. Promotion Period

1. The Promotion starts from 00:00hrs on 1st of October 2023 and ends at 23:59hrs on 30th of November 2023 (“Promotion Period”).
2. Any entry not received during the Promotion Period shall be automatically disqualified from participation. The Promoter is not liable for any lost, delayed or misdirected entries (

E. How To Participate

1. To participate in the Promotion:

a) purchase any Fuze Tea or Authentic Tea House product (“Participating Packs”) worth 10 MYR (total minimum purchase of any Fuze Tea or Authentic Tea House products, in any combination must be 10 MYR);

b) keep a purchase receipt of Fuze Tea or Authentic Tea House for submission in the WhatsApp bot. Purchase receipts are collectively “Game Pieces” or each a “Game Piece”.

2. Scan QR code on any POS materials related to Promotion or click the link  https://wa.me/601548738214 in Fuze Tea official Instagram account @fuzetea_my bio - and be redirected to official Fuze Tea bot in WhatsApp application to participate (bot is named “MY FUZE TEA x TripAdvisor promo”). 

3. Initiate the discussion with WhatsApp bot and follow registration requirements.

4. To participate in the promotion in WhatsApp bot participant needs to provide a consent to collect his/her data for marketing purposes, accept terms and conditions of this promotion and accept privacy policy. By pressing “ACCEPT” in WhatsApp bot, participant grants a consent to collect his/her data for marketing purposes (full name, phone number).

5. Complete the registration process and provide the required details including an image of your purchase receipt (each a “Game Piece” or collectively “Game Pieces) confirming a purchase of any Fuze Tea or Authentic Tea House product (total minimum purchase of any Fuze Tea or Authentic Tea House products, in any combination must be 10 MYR); to qualify as an entry to the Promotion (each an “Entry” or collectively, “Entries”)

6. After that you will be required to answer two simple questions. Eligible Entries of total Promotion Period will be sorted based on the two criteria: 1) questions are answered correctly; 2) time taken to answer two questions. The 1st Prize (Gold Prize) will be awarded to the Eligible Entry with both questions answered correctly and with the shortest time taken, and the 2nd Prize will go to the Eligible Entry with both questions answered correctly and the next shortest time taken, and so on.    Unless otherwise stated, the top 12 Eligible Entries with two questions answered correctly and with the shortest time taken, in a Promotion Period, to answer the Challenge questions will each win a Prize.

7. You may submit up to 20 Entries per day and each Game piece (purchase receipt) can only be used once.

8. All prize winners will be notified via message in Fuze Tea WhatsApp bot.

9. All prize winners will be announced no later than 8th of December 2023 and will also be contacted by Promoter’s authorized agency – Momentum Pte. Ltd via the phone.

10. Phone data usage to participate in this Promotion may be subject to charges by your service provider / carrier. 

F. Prizes

1. There are a total of 12 prizes (twelve) (each a “Prize” or collectively, “Prizes”) comprising 3 Prize-type as follows: 

Prize Table

2. The number and types of Prizes to be awarded in this Promotion during the Promotion Period will not exceed those as stated in paragraph D (1). By participating in this Promotion, the you acknowledge and agree that in no event will more than the stated number of Prizes be awarded.  The Promoter reserves the right to apply changes to weekly distribution of prizes at own discretion. 

3. Only one Prize is awarded for each Winning Proof of Purchase.  However, you can win more than one Prize in this Promotion with multiple Eligible Entries (only applicable for Bronze prizes).

4. Without prejudice to the generality of the foregoing, you may only win a maximum of ONE Gold Prize or Silver Prize during the Promotion Period.  There is, however, no limit to the number of Bronze Prizes you may win.

5. In the event of any ineligibility or disqualification, the affected Prize will be awarded to the next winner sequenced based on the timing clocked.

6. Claim of Gold, Silver and Bronze Prizes in respect of any Eligible Entry must be claimed by presenting the claimant’s Proof of identity (Identity Card, FIN Card or Passport) and an uploaded image of the Proof of Purchase – purchase receipt (“Winning Proof of Purchase”).

7. The Promoter upholds the policy of awarding the Gold, Silver or Bronze Prizes to the claimant with an image of the Winning Proof of Purchase.  The Promoter is not obliged to ascertain whether the claimant is the rightful bearer of the Winning Proof of Purchase.

8. Save where a Prize or Prize category comprises solely of cash, the Promoter reserves the right to substitute any Prize or elements of Prizes with alternatives of equal or greater value.

9. Prizes are awarded on an ‘as-is’ basis and are not transferable, negotiable, refundable or exchangeable.  Non-cash prizes cannot be taken in cash.  The Promoter reserves the right not to award any Prize or part thereof to any person who, for any reason whatsoever, fails to meet any stipulated requirement in order to claim a Prize.

10. Winners may be required to sign a Participation / Release Agreement in the form required by the Promoter to claim the Prizes.

11. Unless otherwise specified, all Bronze Prizes MUST be claimed by 31^st of December 2023. Prizes not claimed within the stipulated date will be forfeited.

12. All Gold and Silver Prizes must be claimed until 31st of December 2024. After this deadline the winner will voluntarily forfeit the prize.

13. Prizes are subject to the terms and conditions of the respective sponsors and third-party vendors, if any.  The Promoter is not liable for these conditions and the use of Prizes.  Additionally, the Promoter shall not be liable for warranties, maintenance, taxes or any additional costs of the Prizes.

E. PRIZE FULLFILLMENT DETAILS:

1. Gold Prize is an international travel experience for two persons worth 10 000 USD (ten thousand US dollars) to one of the four destinations of choice – Barcelona, Rome, Istanbul, Mexico City. TripAdvisor has prepared a curated itinerary for each destination. Silver Prize is a local staycation in Kuala Lumpur (Malaysia) for two persons worth 2 000 USD (two thousand US dollars). All the itinerary details of Gold and Silver prizes may be found as per TripAdvisor landing pages in appendix 2.

2. All Gold Prize and Silver prize itinerary details are subject to availability and may change based on cost (total itinerary cost and relevant experiences cannot exceed a total value of 10 000 USD for Gold Prize and 2 000 USD for Silver prize). 

3. All inclusions and itinerary are a guide only. The winner can have flexibility on the exact details of the trip.

4. The winner of Gold or Silver Prize must give at least 6 weeks notice of their preferred travel dates (for Gold Prize) and/or preferred dates for Silver Prize experience to allow for planning and booking.

5. Gold and Silver prize redemption will be managed by Agency/Agency Affiliate Providing Services: Octagon Worldwide Limited with the corresponding email address Raj.Nanda@octagon.com

6. Winner of the Gold Prize is responsible to attain the correct travel visas, documentation and travel insurance needed for the trip.

F. Verification

1. Winning Proof of Purchase (images of purchase receipts) presented are subject to verification.  Any Proof of Purchase that is illegible, mutilated, altered, duplicated, tampered with, not obtained legitimately, contains printing typographical, mechanical or other errors or the printing is unclear or does not contain a security identification (if any) is invalid.  All entries (including the Proofs of Purchase) submitted become the property of the Promoter and will not be returned.

2. The Promoter’s decision on all matters relating to the Contest is final, conclusive and binding. No correspondence will be entertained.

F. Other Conditions

1. All promotional materials, including details on How to Participate and Prize form part of these Terms and Conditions. In the event of any inconsistency between these Terms and Conditions with any advertising, promotional or publicity materials in relation to or in connection with the Contest, these Terms and Conditions shall prevail.

2. Personal information (including images) collected or received from you may be used by the Promoter, Coca‑Cola Far East Limited (Malaysia Branch), and/or their respective agents and agencies for the purposes of administering and promoting the Promotion, including conducting background check on your identity and verifying your eligibility to participate and receive a Prize.  By participating in the Promotion, you explicitly allow the Promoter, Coca‑Cola Far East Limited (Malaysia Branch) and/or their respective agents and agencies to contact you via the  particulars provided for such purpose. The Promoter, Coca‑Cola Bottlers (Malaysia) Sdn Bhd, Coca‑Cola Far East Limited (Malaysia Branch) and their respective agencies values all personal information received and shall not disclose or furnish your personal information to any unrelated third parties (save for their respective agents and agencies for the purposes of this Promotion or where required by law). The Promoter shall manage all personal information collected, which contains personal data, according to the Personal Data Protection Act 2010.

3. The Promoter, Coca‑Cola Bottlers (Malaysia) Sdn Bhd and/or Coca‑Cola Far East Limited (Malaysia Branch), are not and shall not be held responsible for any delay, error or any other problems in the operation of the Promotion caused by or arising from breakdown, technical malfunction of any telephone network or lines, computer or on-line-systems, servers or providers, computer equipment, software, failure of e-mail on account of technical problems and / or traffic congestion on the internet and / or at any website or the telecommunication service or a combination thereof, including injury or damage to any participants or to any other person’s computer or mobile phone related to and / or resulting from participating or downloading materials in or in connection with the Promotion.

4. In no event will the Promoter, Coca‑Cola Bottlers (Malaysia) Sdn Bhd, Coca‑Cola Far East Limited (Malaysia Branch), and their respective parents, affiliates, subsidiaries and related companies, their respective advertising or promotion agencies or their respective officers, directors, employees, members, shareholders, attorneys, respective and agents (collectively, “Affiliates”), be responsible or liable for any damages or losses of any kind, including but not limited to direct, indirect, incidental, consequential, special or punitive damages arising out of your acceptance of the Prizes (if selected as a winner), or their entry into the Promotion. By entering into the Promotion, you hereby release and agree to hold harmless the Promoter, Coca‑Cola Bottlers (Malaysia) Sdn Bhd, Coca‑Cola Far East Limited (Malaysia Branch) and their Affiliates from and against any and all rights, demands, claims, cause of action, losses, damages, costs and expenses whatsoever that they may have, or which may arise, whether in whole or in part, and whether directly or indirectly.

5. The Promoter, Coca‑Cola Bottlers (Malaysia) Sdn Bhd, Coca‑Cola Far East Limited (Malaysia Branch)and their Affiliates make no warranty of any kind, either express or implied, including but not limited to, the implied warranties of merchantability or fitness for a particular purpose of any of the Prizes. Without limiting the generality of the foregoing or anything in these Terms and Conditions, the Promoter, Coca‑Cola Bottlers (Malaysia) Sdn Bhd Coca‑Cola Far East Limited (Malaysia Branch) and their Affiliates are not liable for any defect in the Prizes. For the avoidance of doubt, no provision in these Terms and Conditions shall be construed as limiting the liability of any party for death or personal injury caused by such party’s negligence or any liability which cannot be excluded under the laws of Malaysia.

6. Notwithstanding any of the foregoing, the Promoter reserves the right to amend, add, replace, vary and / or modify these Terms and Conditions without giving prior notice. Entry into this Promotion confirms acceptance of these Terms and Conditions and any amendments, additions, replacements, variations and modifications hereto, which shall be final and binding in all respects.

7. This Promotion and the Terms and Conditions shall be governed by the laws of Malaysia. The parties herby submit to the exclusive jurisdictions of the courts in Malaysia.

8. Except where prohibited, by participating in the Promotion, you agree to release and hold harmless (i) The Coca‑Cola Company and their respective subsidiaries, affiliates, promotional partners, prize partners, agents and agencies, (ii) Prize Supplier and their respective subsidiaries, affiliates, agents and agencies, and (iii) the officers, directors and employees of each of them from and against any claim or cause of action arising out of participation in the Promotion or receipt or use of any prize.

9. The Promoter is Coca‑Cola Refreshments Malaysia Sdn Bhd, whose principal place of business is at Level 15, Menara Lien Hoe, Persiaran Tropicana, 47410 Petaling Jaya, Selangor Darul Ehsan.

10. For details, refer to in-store point of sale materials to scan the QR Code or go to Fuze Tea Instagram page at @fuzetea_my in bio for contest link logon or call 03-9054 6300 (Monday- Friday, between 9:00 am and 5:00pm, excluding public holidays). All calls to this number from your phone may be subjected to airtime charges by your service provider.

DATA PROTECTION AND PRIVACY POLICY NOTICE

Your personal data including your name and contact details (“Personal Data”) which you have provided to Coca‑Cola Refreshments Malaysia Sdn. Bhd. its affiliates and/or appointed agency/third party (hereinafter referred to as “we” or “us” or “our”) in your application to participate in the “COCA-COLA 2022 UPLIFTING BREAKS PROMOTION” (“The Promotion”) will be recorded, stored or otherwise processed by us for purposes relating to the administration of the Contest and for related advertising, publicity, marketing and our other legitimate business purpose (“Purpose”). 

Personal information (including images) collected or received from you may be used by the Promoter, CCFEL and/or their respective agents and agencies for the purposes of administering the Promotion, including but not limited to conducting background check on your identity, verifying your eligibility to participate and receive a Prize, and publicizing winners’ announcement.  By participating in the Promotion, you explicitly allow the Promoter, CCFEL and/or their respective agents and agencies to contact you via the particulars provided for such purposes.  The Promoter and CCFEL value all personal information received and shall not disclose or furnish your personal information to any unrelated third parties (save for their respective agents and agencies for the purposes of the Promotion or where required by law).

Please be informed that your Personal Data may be disclosed to our affiliates, service providers and relevant business partners such as public relations agencies, market research firms, advertising agencies (if any) for the Purpose and as permitted by applicable data privacy laws. In addition, you will appreciate that we are part of The Coca‑Cola Company Group which operates in multiple jurisdictions. Accordingly, access to the Personal Data may be granted to other entities within The Coca‑Cola Company Group and may be transferred out of Malaysia for their processing of your Personal Data for any of the foregoing Purpose, if required. 

You may request for access to or correction of the Personal Data or limit the processing of the Personal Data at any time hereafter by submitting such request to us via e-mail to our contactus@marke360.co or telephone our Customer Hotline at 03-9054 6300. Please note that it will be necessary for you to provide all of the Personal Data, without which we will not be able to process the same for the Purpose including our obtaining your feedback. By submitting your Personal Data in this website, you consent to the processing and transfer (if required) of your Personal Data by us.

Appendix 1

Gold Prize and Silver Prize destinations and landing pages with itinerary details