Sunsilk #MakeItReal Nominations
TERMS AND CONDITIONS
Please read these Terms and Conditions carefully before you enter this Contest. By entering, you are deemed to have accepted these Terms and Conditions and that you agree to abide by them. If you do not agree to these terms and conditions, please refrain from participating in this Contest. The Organiser reserves the right to amend the Terms and Conditions at any time without prior notice.
This Sunsilk #MakeItReal Nominations (“Contest”) is organised by Unilever (Malaysia) Holdings Sdn Bhd (Co. No. 1532-V) (“Organiser”). The Contest begins on 8 November 2017, 12:00am and ends on 18 February 2018 11:59pm (“Contest Period”). Entries received outside of the Contest Period will be disqualified.
The Organiser reserves the right to vary, extend, suspend or terminate the Contest at its sole discretion or if it does not receive sufficient numbers of eligible entries or if the Contest is not capable of being continued for whatever reasons. Such termination or suspension shall not give rise to any claim by the Participant. In the event of any inconsistency or conflict, the English version of the Terms and Conditions of the Contest posted on https://www.facebook.com/SunsilkMalaysia/ shall prevail.
1. This Contest is open to all Malaysian citizens residing in Malaysia age 18 and above (as at the date of participation in this contest) with a valid Malaysian National Registration Identity Card. Employees, shareholders, officers, directors, agents, distributors and representatives of the Organiser and each of their respective parent companies, affiliates, divisions, subsidiaries, agents, representatives and advertising agencies, together with the immediate family members (regardless of where they live) and those living in the same household of such persons (whether or not related), are not eligible to participate in the Contest.
2. Participants are not required to show proof of purchase in order be in the running to win the Contest.
3. The Organiser reserves the right to disqualify any Participant who does not comply with any of the Terms and Conditions of this Contest or if the Organiser is of the view that the Participant fails to meet any of the Organiser’s participation criteria.
4. In order to participate in this Contest and be in the running to win, all Participants must:
a. Nominate and tag a female family member, friend or themselves on Instagram or in the Facebook comments section of any Sunsilk MY #MakeItReal posts.
b. Share the Nominees’ story of why they should be chosen.
5. Each participant may submit more than one entry during the contest on either Facebook or Instagram but is only eligible to redeem one Mystery Prize.
6. Three (3) most creative entries submitted during the Contest Period shall win the Nominees a Mystery Prize that is up to the Organiser’s discretion.
7. No subsequent purchase or payment is required to enter or win the Contest. A purchase will not improve your chances of winning.
PRIZE & REDEMPTION
Mystery Prize: Three (3) goal-related packages worth up to RM5,000 that are up to the Organiser’s discretion. Each selected winner is entitled to win only one (1) prize.
8. All prizes are awarded “as is” and are strictly non-transferable, non-exchangeable and may not be encashed.
9. All judges’ decisions are final and no correspondence, appeal or questions will be entertained.
10. The Winner is required to produce Proof of Identity during or prior to prize redemption for verification. The only forms of Proof of Identity accepted by the Organiser are as follows: valid Malaysian National Registration Identity card/Passport/Drivers licence. A failure to provide any Proof of Identity entitles the Organiser to disqualify Participant/Winner.
11. The Organiser will contact the Winner via the contact details or email address supplied during the entry submission process. Winners are encouraged to keep their contact numbers active, and to constantly check their email accounts.
12. In the event that a Winner is not contactable after three (3) attempts for three (3) consecutive days, or if contacted, chooses not to accept the prize, the Organiser reserves the right to disqualify the Winner’s eligibility and forfeit the prize, or the next qualified Winner may be selected according to the discretion of the Organiser.
13. All Winners must claim their prizes within three (3) days after being notified by the Organiser. Should the Winner fail to claim their prize or nominate a representative within the time allocated, the Organiser reserves the right to forfeit the prizes or award the prize to other Winners.
14. Winners who require a representative to claim their prize(s) on their behalf must ensure that the representative provides a letters of consent signed by the Winner, a copy of the Winner’s Proof of Identity, and the representative’s Proof of Identity.
15. The Organiser does not guarantee the availability of the prize and the Organiser has the sole and absolute discretion to replace and/or substitute such prize(s) with any other prize of similar value as determined by the Organiser, its agents or sponsors.
16. All Prizes are awarded by the Organiser and/or sponsors on an “as is” basis and are accepted by the Winner without warranty or guarantee of any kind, whether express or implied. Where requested by the Organiser, the Winner shall execute a deed of release and indemnity in a form prescribed by the Organiser.
RIGHTS OF THE ORGANISER
17. The Participant agrees that all materials submitted by the Participant for this Contest belongs to the Organiser. Where applicable, the copyright and all intellectual property rights (including moral rights) subsisting in all materials including but not limited to digital or non-digital materials (e.g.: videos and images) shall, upon submission, belong to the Organiser.
18. The Organiser reserves the right to publish and use the names, photographs, images, audio recordings and/or videos submitted by the Participant/Winner or of the Participant/Winners for advertising, marketing, publicity and/or any other purpose, without any prior notice or compensation to the Participant/Winners. Winners shall not be entitled to claim ownership or other forms of compensation on the materials.
19. In consideration of the Organiser offering to the Participant the opportunity to participate in the Contest, the Participant hereby unconditionally and irrevocably agrees and consents to the following:
a. The Organiser is permitted to the use of the Participant's name, image, voice and/or likeness for editorial, advertising, promotional, marketing and/or other purposes without further notice or compensation.
b. Where required by the Organiser, the Participant shall voluntarily make himself/herself available for the production, recording and publicity of the Contest for such duration as may be notified by the Organiser (including but not limited to recorded or non-recorded interviews, taking of still photos, audio and/or visual recording for promotions and publicity use (collectively “Recording”). All cost for the attendance and participation of the Participant shall be borne solely by the Participant and the Organiser shall not be liable to reimburse any cost, expense, salary or compensation to the Participant.
c. The Organiser shall have the absolute right and discretion to advertise and/or air and/or print the Recording and/or use the slogan, names or nicknames on any of its programmes/channels or in any media whatsoever, in whole or in part, at the Organiser’s discretion. All copyrights subsisting in the Recording shall belong to the Organiser absolutely.
d. The Organiser reserves the right, at its sole and absolute discretion, to use and exploit the Intellectual Property via any means or media and in any manner and anytime that it deems fit without first obtaining any consent nor making any payment whatsoever to the Participant and/or the Contest winner(s) and/or representatives.
20. The Organiser reserves the right, at its sole discretion, to disqualify any Participant who tampers with the Contest mechanics, systems, software or any other processes connected with this Contest.
21. The Organiser reserves the right, at its sole discretion, to remove and/or disqualify any Participant and/or entries found (in the Organiser’s discretion) to be indecent or unsuitable for public consumption, or found or suspected of cheating/hacking/tampering with the Contest submission process, the operation of this Contest or to be in violation of any Terms and Conditions of the Contest. The Organiser reserves the right to pursue legal action against any individual whom it believes to have been involved in fraudulent activities or other activities harmful to the Contest, the Organiser or the Contest submission process.
ADDITIONAL TERMS AND CONDITIONS
22. By participating in this Contest, the Participant is deemed to have read, understood, agreed and unconditionally accepted the Terms and Conditions and the Privacy Notice stated below.
23. Participants may submit multiple entries during the Contest Period. However, each Nominee (if selected as a winner) shall only be entitled to one
(1) Prize for this Contest.
24. The Participant warrants, undertakes and agrees that entries submitted (including any photographs, drawings, pictures, slogans, any materials or other creative works, including voice or video recordings) shall be his/her original work and shall not infringe any right of any third party and/or violate any copyrights, patents, trade names, proprietary, personal, privacy or moral right(s) of any third party.
25. The Participant warrants, undertakes and agrees that he/she hereby waives or has obtained a waiver of all rights (including moral rights) from all persons who have contributed to the production of the Entries and the underlying works (collectively “Contributors”) to which the Contributor and/or the Participant is, now or may in the future, be entitled in any part of the world.
26. The Participant warrants, undertakes and agrees that entries submitted by the participant shall not contain elements of nudity, pornographic images or sexual themes, graphic violence, defamatory or libellous statements or material considered illegal/offensive or may contravene the laws of Malaysia or materials likely to tarnish the image of the Organiser or bring the Organiser’s reputation into disrepute. Any contravention of this clause shall grant the Organiser the absolute discretion to disqualify and reject and/or remove any entry or posting immediately without prior notice.
27. The Participant warrants, undertakes and agrees that the Organiser shall have the sole right to use or exploit the Participant’s Entry or any part thereof in any and all form of media by any and all manner or means throughout the world for the full period of copyright including all renewals together with the right to authorize others so to do without having to pay any remuneration or royalties to the Participant. For the avoidance of doubt, the Organiser is under no obligation to use or exploit any part thereof.
28. The Participant warrants, undertakes and agrees that he/she shall not use the Entries or any part thereof for purposes other than stipulated in the Terms and Conditions. In the event that the Entries or any part thereof is published or distributed or dealt with in any manner whatsoever without prior consent from the Organiser, the Organiser shall at its absolute discretion be entitled to disqualify the Participant and/or revoke any Prize won and shall bear no liability whatsoever in respect of the same.
29. All rights and privileges herein granted to the Organiser are irrevocable and not subjected to rescission, restraint or injunction under any and all circumstances. Under no circumstances shall the Participants have the right to injunctive relief or to restrain or otherwise interfere with the organization of the Contest, the production, distribution, exhibition and/or exploitation of the Contest and/or Programme and/or any product based on and/or derived from the Contest and/or Programme.
30. The Organiser reserves the right to at any time, change, amend, delete or add to the Terms and Conditions and other rules and regulations including the mechanism of the Contest at its absolute discretion.
31. Submissions of Entries do not guarantee participation in the Contest. The Organiser has the absolute discretion to reject or refuse submission of Entries and participation by the Participants for reasons, including (without limitation) where the Entries are not complete or any provisions in the Terms and Conditions are not complied with.
32. The Organiser reserves the right to disqualify and/or exclude Participants and/or revoke the Prize (at any stage of the Contest) if –
a. the Participant or Nominee is ineligible or does not meet any of the eligibility criteria set out in the Terms and Conditions; or
b. the Participant or Nominee breaches the Terms and Conditions or other rules and regulations of the Contest or violated any applicable laws or regulations; or
c. in the Organiser’s sole determination, it believes that the Participant or Nominee has attempted to undermine the operation of the Contest by fraud, cheating or deception.
33. In the event of a disqualification after the Prize has been awarded, the Organiser reserves the right to demand for the return of the Prize or payment of its equivalent value from the disqualified Nominee.
34. Whilst the Organiser will endeavour to conduct necessary verifications on the eligibility of participants, failure to disqualify any ineligible participants shall not be deemed a breach by the Organiser.
35. If the Prizes awarded by the Organiser are travel/holiday prizes (“Holiday Prizes”), Holiday Prizes must be utilized in accordance with the dates and destinations specified by the Organiser, its travel agencies or sponsors including (without limitation) to (i) the terms and conditions respective airlines/carrier; (ii) the terms and limitations of any insurance policy relating to the Holiday Prize; (iii) the terms and conditions in connection all health and safety guidelines and instructions and all applicable legal and regulatory requirements, failing which it shall be forfeited. No cash alternative or alternative destination will be offered by the Organiser, its agents or sponsor.
36. It shall be the responsibility of winner to obtain the necessary visa and other travel documents at their sole cost and expense. No compensation whatsoever will be given should the winner fail to obtain such necessary documents, regardless of the circumstances.
37. In the event of unforeseen circumstances or circumstances outside the reasonable control of the Organiser and/or the sponsor, the Organiser and/or sponsor reserves the right to offer alternative destination of approximately similar value. No cash alternative will be offered.
38. Any flights, other transport, airport details, accommodation or other aspects of the Holiday Prize, dates and times quoted by the Organiser, its agencies, sponsors or representatives are for guidance only and are subject to change without notice with no liability arising.
39. Unless otherwise specified, the class of travel for any Holiday Prize incorporating an airfare is economy class.
40. Holiday prize winner must have sufficient financial resources to meet any financial commitment which they may incur in connection with the travel prize (including, without limitation, transfers to and from any airport specified in the travel prize, meals and drinks, room services, laundry, excess baggage, personal, medical and/or baggage insurance, all items of personal nature, custom tax and airport tax) beyond those included in the travel prize itself.
41. The Winner agrees that he/she agrees to release, discharge, and hold harmless the Organiser, its affiliates and agencies, and their employees, officers, directors and representatives from any untoward incidences, fatalities, injuries, claims, losses or damages which may occur during the travel/holiday.
42. The Participant and Nominee shall not dispute nor make any oral or written complaints, public announcements or statements on the same whether during or after the Contest Period.
43. The invalidity, illegality or unenforceability of any terms hereunder shall not affect or impair the continuation in force of the remainder of the Terms
and Conditions of the Contest.
LIABILITY & RESPONSIBILITY
44. Unless stipulated otherwise, all transportation cost, internet charges, personal costs and/or any other costs, fees and/or any kind of expenses incurred by the Participants in connection with this Contest (whether for the purpose of joining, participating in or receiving any benefit or prizes from the Contest) or for the purpose of prize redemption or related travelling are the sole responsibility of the Winner, and the Organiser, its affiliates, authorised agents or participating agencies accepts no responsibility whatsoever for these costs/charges/fees/expenses.
45. The Organiser, its affiliates, authorised third parties and participating agencies accepts no responsibility for entries lost, damaged, delayed in the post, or due to computer, IT or any technological error. The Participant is responsible for ensuring that his or her entry complies with all the rules and terms and conditions of the Contest, and that his or her entry reaches the Organiser in the form required by the Organiser.
46. By entering this Contest, all participants agree to release, discharge, and hold harmless the Organiser, its affiliates and agencies, and their employees, officers, directors and representatives from any claims, losses or damages arising out of or in connection with their participation in this Contest (including but not limited to, any error in computing any transaction, any breakdown or malfunction in any computer system or equipment), any Contest-related activities and the acceptance and/or use, misuse, or possession of any prize awarded hereunder.
47. All costs incurred by the Participant in relation to and/or with respect to the Contest and Prize including without limitation postal charges or Internet Service Provider (ISP) charges (if applicable), all transport costs, communication charges, accommodation, meal costs and other related costs incurred by the Participant as a result of and/or pursuant to his/her participation in the Contest, collection and additional costs related to the prize
i.e. insurance cost, vehicle registration fee, road-tax, etc. shall be solely borne by the Participant. The Organiser shall not be under any obligation to reimburse the Participant for any of such costs and expenses incurred thereof.
48. The Participant acknowledges that his/her participation in the Contest shall be at his/her own risks.
49. The Organiser, its agents, sponsors, representatives, affiliates and their respective directors, officers and employees, agents and assigns shall not be liable and/or responsible to any Participant in respect of:
i. any failure to win a Prize in the Contest, defective Prizes due to his/her negligence, act and/or omission or misuse of Prizes or any other loss, damages, costs, expenses, claims, liabilities, injury, death, accidents suffered by the Participant during the Contest or arising out of or in connection with the Contest, the participation by the Participant in the Contest and/or the Prizes awarded.
i. any delay and/or failure in receiving and sending a Contest Entry as a result of any network, communication, ISP or system error, interruption and/or failure experienced by the Organiser or the Participant’s telecommunication service provider and/or resulting from participation or the downloading of any materials in the Contest.
iii. any error (including error in notification of Contest winners), omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft, destruction, alteration of, or unauthorized access to entries, or entries lost or delayed whether or not arising during operation or transmission as a result of server functions, virus, bugs or other causes outside the Organiser’s control.
50. The Organiser, its agents, sponsors and representatives shall not be liable to perform any of their obligations in respect of the Contest and this Terms and Conditions, rules and regulations in respect of the Contest where they are unable to do so as a result of circumstances beyond its control and shall not be liable to compensate the Participants in any manner whatsoever in such circumstances.
GOVERNING LAW AND JURISDICTION
This Contest and the Terms and Conditions shall be governed by the laws of Malaysia, and each Participant agrees to submit any claim, dispute or controversy to the exclusive jurisdiction of the courts of Malaysia.
PRIVACY NOTICE & CONSENT (ENGLISH & MALAY)
Your personal data, including but not limited to the personal data obtained from you directly when you provide us with personal information, e.g. when you register for our contests and/or roadshows, buy a product or service from us, sign up to receive information, use our applications, fill out a survey, or make a comment or enquiry, and/or any further updates provided to us by you in relation to your personal information, photos, image, audio and/or video recording obtained by us (“Personal Data”), will be processed for any educational, advertising, marketing, publicity purpose(s) or any related purpose, your participation in our contest and/or roadshow and/or events, to provide you with products or services that you request from us, to provide you with advance notice of our future events, to respond to your inquiries, to provide you information about our products, services and/or new releases which may be of interest to you, to invite you and your subscription to our newsletters, and/or for auditing purposes in cases where there has been a dispute (collectively, “Purpose”).
We also wish to inform you that your Personal Data may be disclosed to third parties, such as to our headquarters, regional offices, subsidiaries, affiliates and/or members within the Unilever group of companies, and/or our service providers, which may be located outside Malaysia, for reasons relating to the Purpose. If you wish to access, correct, limit or update your Personal Data, or to make any inquiries or complaints about the processing of such information, please contact: Data Privacy Officer, Unilever (Malaysia) Holdings Sdn Bhd, Level 33-35, Menara TM, Jalan Pantai Baru, 59200 Kuala Lumpur. Tel: 03-2246 2188
☐ I am above 18 years and I have read and understood the terms of this Privacy Notice and consent to the processing of my Personal Data as described above.
NOTIS PRIVASI DAN PERSETUJUAN
Maklumat peribadi anda, termasuk tetapi tidak dihadkan kepada data peribadi yang diperolehi daripada anda secara langsung apabila anda memberikan kami maklumat peribadi, contohnya apabila anda mendaftar untuk pertandingan/peraduan dan/atau pameran bergerak kami, membeli produk atau perkhidmatan dari kami, mendaftar untuk menerima maklumat, menggunakan aplikasi kami, mengisi kaji selidik, atau memberi komen atau membuat siasatan/ atau sebarang kemas kini selanjutnya yang diberikan kepada kami oleh anda berhubung dengan maklumat peribadi anda, gambar, imej, rakaman audio dan/atau video yang diperolehi oleh kami ("Data peribadi") akan diproses bagi sebarang tujuan pendidikan, pengiklanan, pemasaran, publisiti dan/atau apa-apa tujuan lain berkaitan, penyertaan anda dalam pertandingan/peraduan dan/atau pameran bergerak kami, untuk menyediakan anda dengan produk-produk atau perkhidmatan yang anda meminta daripada kami, untuk menyediakan anda dengan terlebih dahulu notis peristiwa masa depan, untuk bertindak balas kepada pertanyaan, untuk memberikan anda maklumat mengenai produk, perkhidmatan dan/atau siaran baru yang mungkin menarik minat anda , menjemput anda dan langganan anda untuk surat berita kami, dan/atau untuk tujuan pengauditan dalam kes-kes di mana terdapat pertikaian, tujuan analisis data dan pemasaran pengguna (secara kolektif, "Tujuan").
Kami juga ingin memaklumkan kepada anda bahawa Data Peribadi anda mungkin didedahkan kepada pihak ketiga, seperti kepada ibu pejabat kami, pejabat serantau, anak-anak syarikat, sekutu dan/atau ahli dalam kumpulan Unilever syarikat-syarikat, dan/atau pembekal perkhidmatan kami, yang mungkin yang terletak di luar Malaysia, atas sebab-sebab yang berkaitan dengan Tujuan .
Jika anda ingin mengakses, membetul, menghad atau mengemas kini Data Peribadi anda, atau membuat sebarang pertanyaan atau aduan mengenai pemprosesan maklumat, sila hubungi kami melalui: Pegawai Data Peribadi, Unilever (Malaysia) Holdings Sdn Bhd, Aras 33-35, Menara TM, Jalan Pantai Baru, 59200 Kuala Lumpur. Tel: 03-2246 2188
Sila ambil perhatian bahawa ia akan menjadi perlu bagi kita untuk memproses Data Peribadi anda, tanpa mereka kami tidak akan dapat menjalankan Tujuan . Untuk maklumat lanjut mengenai bagaimana kami memproses Maklumat Peribadi anda, sila layari Polisi Privasi kami di: http://www.unileverprivacypolicy.com/... http://www.unileverprivacypolicy.com/...
☐ Saya berumur 18 tahun ke atas dan saya telah membaca dan memahami syarat-syarat Notis Privasi ini dan bersetuju untuk memberi kebenaran saya untuk pemprosesan Data Peribadi saya seperti yang dinyatakan di atas.