PROMOTIONAL 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

1. 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: 

a. 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 parents or legal guardians to take part in the Promotion and are subject to these Terms and Conditions and the Privacy Policy that apply 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 not to award any prizes in this Promotion to you in the event such written consent is not produced.

b. 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, Pacific Refreshments Pte Ltd (“PRPL”), their partners, distributors, agencies, companies or participating businesses 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.

2. 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 a 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.

B. PROMOTION PERIOD

1. The start date and end date of the promotion are set out in ANNEX 1 (“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 entry.

C. HOW TO PARTICIPATE AND WIN

1. The detailed steps on how to participate are set out in ANNEX 1.

2. The winner selection criteria are set out in ANNEX 1.

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

4. Valid Entries must not contain references directly or indirectly to any intellectual property rights of any third party without consent. By participating in this Promotion and submitting the Entry, you are deemed to have certified that nothing in the Entry shall infringe any copyright or trademarks or violate any person's rights of privacy or confidentiality and shall be fully liable and responsible for any third-party infringement or violation. Entries will be disqualified if they (a) infringe any intellectual property rights of any third party; and/or (b) contain any indecent, immoral, offensive, defamatory, racial, religious, political contents, or contents or acts which the Promoter, at its discretion, considers inappropriate in nature.

5. Winners will be notified in writing or via phone where details on how to claim the prize will be given.

6. Winners may be required to each sign a Participation/Release Agreement in the form required by the Promoter to claim the prizes.  Parental consent is required for winners below 18 years of age.  Non-compliance may result in disqualification. At a minimum, the consent shall consist of the following:

To:  [Name of Promoter]

I [name of parent/guardian], holder of NRIC: _________, am the parent/guardian of [Name of winner] person who entered and won a [fill in prize] (“Prize”) in the [Name of promotion] Promotion.  I hereby confirm his/her eligibility to accept the Prize in accordance with the Terms and Conditions, and consent to him/her being awarded the Prize.

Parent’s/Guardian’s Signature/ Date:

7. The Promoter reserves the right to substitute any winner subsequently found to be disqualified, for any reason whatsoever, with an alternative winner.

D. PRIZES

1. The total number, type and details of prizes (collectively, “Prizes” or a “Prize”) to be won are set out in ANNEX 1. The Prizes to be awarded in this Promotion will not exceed those as stated in this Section D and ANNEX 1.  By participating in this Promotion, you acknowledge and agree that in no event will more than the stated number of prizes be awarded.

2. Unless otherwise stated in ANNEX 1 and any further conditions provided therein, you may submit multiple Entries, but each person can only win one prize.

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

4. 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 to claim a Prize. 

5. The Promoter is not obliged to award the Prize if there are no valid Entries received during the Promotion Period. In such event, the Prize opportunity shall be withdrawn.

6. The Promoter reserves the right to substitute any winner subsequently found to be disqualified, for any reason whatsoever, with an alternative winner. 

7. Prizes are subject to the terms and conditions of the respective sponsors, if any.   The Promoter, PPRL and their respective Affiliates are not liable for these conditions and the use of Prizes.  Additionally, the Promoter PRPL and their Affiliates shall not be liable for warranties, maintenance, taxes or any additional costs of the Prizes.  Prizes will be awarded only in Malaysia.

8. In the case of a travel or event prize,

a. notwithstanding any other terms mentioned in this Terms and Conditions, the winner and traveling companion/s will be required to each sign a Participation/Release Agreement in the form required by the Promoter to claim the prize.   For winners below 18 years of age, parent must give consent before the prize is granted, and such winners must be accompanied by a parent or guardian. Noncompliance may result in disqualification and an alternate (the next entry) will be awarded with the applicable prize.  Failure to be granted the required visas will result in the winner’s disqualification.  In this situation, awarding of an alternate winner is at the Promoter’s absolute discretion.  Unclaimed and unredeemed prizes will not be awarded.

b. No extension of travel or change of dates or any part of the prize will be permitted.  All ancillary costs, including but not limited to passports, visas, additional transport, personal and incidental expenses, insurance, taxes and other fees applicable are the responsibility of the winners.

c. If a travel advisory is issued against travel to the designated country, or such country’s government issues quarantine restrictions, or in the event of the onset of SARS or any other kinds of epidemic, pandemic or disease in Singapore or the designated country or in any other country affected by this Promotion or in the event of outbreak of war, hostilities, insurgencies, terrorism, civil commotions, riots, strikes, lockouts or any other circumstances beyond the reasonable control of the Promoter, the Promoter shall have no liability to provide the prize.  Awarding of an alternative prize is at the Promoter’s absolute discretion.

E.  VERIFICATION:

1. Each Proof of Purchase may only be used once.

2. Proof of Purchase or Winning Game Pieces (images of registered code uploaded at registration) presented are subject to verification. Any proof of purchase or Winning Game Piece that is illegible, mutilated, altered, duplicated, tampered with, not obtained legitimately, contains printing typographical, mechanical, or other errors or the codes are unclear or does not contain a security or other required identification is invalid.  In the case where an image of (instead of original) the Proof of Purchase or Winning Game Piece is accepted for verification purposes, the Promoter is not obliged to ascertain whether the claimant is the rightful bearer of the Proof of Purchase or Winning Game Piece.

3. All Entries (including Proof of Purchase or Winning Game Pieces) submitted become the property of the Promoter and will not be returned.

4. The use of any voting software or any other mechanical or electronic means that enable you to automatically send codes or entries repeatedly is prohibited and will render all codes submitted by you invalid. The Promoter reserves the right to take action as may be available under the law against you.

5. The Promoter’s decision on all matters regarding to the Promotion including awarding of Prizes is final, conclusive, and binding.  No correspondence will be entertained.

F. OTHER CONDITIONS:

1. All promotional materials, including details on How to Participate and Prizes 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 Promotion, these Terms and Conditions shall prevail.

2. Personal information (including images) collected or received from you may be used by the Promoter, PRPL and/or their respective agents and agencies for the purposes of administering and promoting 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, PRPL and/or their respective agents and agencies to contact you via the particulars provided for such purposes. The Promoter and PRPL 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).  The Promoter shall manage your personal data in accordance with the Malaysia Personal Data Protection Act 2010.

3. In no event will the Promoter, PRPL or any of their respective 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 a Prize, the use of a Prize, your entry into the Promotion, or your participation in any Prize-related activity.  By entering the Promotion, you hereby release and agree to hold harmless the Promoter, PRPL and their respective Affiliates from and against any and all rights, demands, claims, causes of action, losses, damages, costs and expenses whatsoever that you may have, or which may arise, whether in whole or in part, and whether directly or indirectly. 

4. In no event will the Promoter, PRPL and/or their respective Affiliates 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 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 web site or the telecommunication service or a combination thereof, including injury or damage to your 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.

5. The Promoter, PRPL and/or their respective 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, PRPL and/or their respective Affiliates are not liable for any defect in or malfunction of the Prizes, and you assume all risks and liability in connection with and associated to the use of 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 Term 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. If any term or part thereof is rendered void, illegal or unenforceable by any legislation to which it is subject, it shall be rendered void, illegal or unenforceable to that extent and it shall in no way affect or prejudice the enforceability of the remainder of such term or other terms of this Promotion.

8. This Promotion is managed by the agency set out in ANNEX 1 with its corresponding email address.

9. The Promoter is set out in ANNEX 1, with its address.

10. Promotion and the Terms and Conditions shall be construed under and governed by the laws of Malaysia. The parties hereby submit to the exclusive jurisdiction of the Courts of Malaysia.

11. For Privacy Policy, link is set out in ANNEX 1. 

12. For further enquiries, please call number set out in ANNEX 1.  Service is available Monday – Friday, between 8:30 am and 5:30 pm, excluding public holidays.  All calls to this number from your mobile phone may be subject to airtime charges by your service provider.

ANNEX 1
PROMOTIONAL TERMS & CONDITIONS
Malaysia