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Lactogrow Aktif - Beli, Tebus & Menang

TERMS AND CONDITIONS

A. Schedule to Conditions of Entry

1. Organiser: Nestlé Products Sdn. Bhd. [197901000966] [“the Organiser”].
2. Promotion: NESTLÉ LACTOGROW AKTIF BELI, TEBUS & MENANG [“Promotion”].
3. Promotion Period: The Promotion starts at 00:00:00 on 27/03/2021 and closes at 23:59:59 on 31/05/2021.
4. Eligibility: The Promotion is open to all individual legal residents of Sabah and Sarawak aged 18 years and above as at the start of the Promotion Period, and with a valid identification document and residential address in Sabah and Sarawak respectively.
5. Premiums & Redemption Methods: a.    There are two [2] set of items [collectively the “Premiums”] available for redemption for this Promotion.
i.    Set A which consists of two [2] random designs of Flash Cards worth RM10 each.
ii.    Set B which consists of one [1] random design of Flash Card and one [1] random design Hoodie Backpack set worth RM50 each.
b.    There are two [2] methods of redemption available for this Promotion:
i.    Promotion Website at: https://bit.ly/3do4X3b. Participants may visit the Promotion Website or scan the QR code shown on the Promotion Leaflets.
ii.    In-store instant redemption.
c.    All redemption entries that do not meet the requirements stated herein shall be disqualified by the Organiser.
 
6. Redemption via Promotion Website: a.    To redeem via Promotion Website for:
i.    Set A – purchase a minimum of two [2] NESTLÉ LACTOGROW® Aktif 900g in a single receipt from any outlets during the Promotion Period.
ii.    Set B – purchase a minimum of three [3] NESTLÉ LACTOGROW® Aktif 900g in a single receipt from any outlets during the Promotion Period.
b.    The receipt can come in the form of printed receipts or hand-written receipts from Point of Sale systems and/or e-invoices for online purchases [“Receipt”].
c.    The Receipt must bear the Products purchase, date of purchase, purchase amount, receipt number and name and/or logo of the outlet at which the purchase was made [“Receipt Details”]. If this is absent, the Receipt needs to be stamped with the official company stamp of the outlet at which the purchase is made.
d.    Redemption entry submission via Promotion Website:
i.    Visit the Promotion Website or scan the QR code.
ii.    Complete the details required [“Personal Details”] in the Web Form provided on the Promotion Website.
iii.    Snap one [1] clear and legible picture/image [“Image”] of the Receipt complete with the Receipt Details. One [1] Image must contain a picture of one [1] Receipt only.
iv.    Upload the Image on the Web Form and submit [“Entry”].
e.    The Organiser will process all Entries received. Incomplete Entry will be disqualified. The Organiser shall reserve the right to disqualify any Entries with reprinted Receipt and/or duplicated Receipt and/or Images containing more than one [1] Receipt.
f.    Participants may only redeem two [2] Set A and two [2] Set B via the Promotion website throughout the Promotion Period.
g.    The Organiser shall reserve the right to request for evidence of the original Receipt [hardcopy] and identification document for verification and redemption. Failure to produce the hard copies of these documents upon request will result in disqualification and forfeiture of the Premiums.
h.    All qualified Entries received will automatically participate in the contest to win the Grand Prize upon the terms and conditions clause 10 to clause 13 below.
 
7. Premiums Delivery: a.    Premium[s] will be delivered to the local delivery address provided by the Participants within 6 – 8 weeks after the closing date of 31/05/2021.
b.    The Organiser reserves the right to at its absolute discretion to extend the timeline as the Organiser deems necessary. The Organiser shall exercise care in delivering the Premium[s] but the Organiser will not be held liable in the event of non-receipt, delayed or damaged delivery of the Premium[s] to the Participant[s]. All unclaimed Premium[s] will be forfeited.
c.    In the event there is a manufacturing defect, the Participant must return the said Premium[s]to the Organiser at his own cost, undamaged and in its original packaging for a replacement within 2 weeks of receipt of the Premium[s], failing which the Premium will not be replaced.
d.    All Participants must abide by the terms and conditions of the party[ies] arranging and/or providing for the Premium[s]and the terms and conditions attached to the Premium[s], if any.
e.    The Organiser shall reserve the right at its absolute discretion to substitute
any of the Premium[s] stated with another Premium of similar value, at any time without prior notice. All Premium[s] are provided on an “as is” basis and are not exchangeable for credit, other items or voucher in part or in full.
 
8. Instant
Redemption via In-store:
a.    The Organiser will set up instant redemption counters in selected participating outlets [“In-Store Outlet”] only. Please refer to the Organiser’s website for In-Store Outlets and schedules.
b.    To redeem for:
i.    Set A – purchase a minimum of two [2] NESTLÉ LACTOGROW® Aktif 900g in a single receipt from the In-Store Outlet during the Promotion Period.
ii.    Set B – purchase a minimum of three [3] NESTLÉ LACTOGROW® Aktif 900g in a single receipt from the In-Store Outlet during the Promotion Period.
c.    The receipt can come in the form of printed receipts or hand-written receipts from Point of Sale systems of the In-Store outlets [“Receipt”].
d.    The Receipt must bear the Products purchase, date of purchase, purchase amount, receipt number and name and/or logo of the outlet at which the purchase was made [“Receipt Details”]. If this is absent, the Receipt needs to be stamped with the official company stamp of the In-Store outlets.
e.    Instant redemption submission:
i.    Submit the Receipt to the instant redemption counters at the In-Store Outlet and instantly redeem the selected Premium.
ii.    Participants may instantly redeem a maximum of one [1] Set A and one
[1]    Set B per In-Store Outlet, per day only.
iii.    The Organiser will stamp an official redeemed chop of all the receipts submitted for auditing purposes. The stamped Receipt [hardcopy] will be returned to the Participants.
iv.    All Premium[s] redeemed at the In-Store outlets will not be exchanged after the instant redemption has been completed. Therefore, the Organiser encourages Participants to check the condition of their Premiums at the point of redemption.
v.    Participants may then use the same “REDEEMED” Receipt to participate in the Promotion Contest.
f.    The Organiser shall reserve the right at its absolute discretion to substitute any of the Premium[s] stated with another Premium of similar value, at any time without prior notice. All Premium[s] are provided on an “as is” basis and are not exchangeable for credit, other items or voucher in part or in full.
g.    Participants that redeemed via In Store must submit their In Store “REDEEMED” Receipt as an Entry on the Promotion Website to participate in the contest part of the Promotion and be eligible to win the Grand Prize entry.
h.    Promotion Contest Entry submission via Promotion Website:
i.    Scan the QR code or go the Promotion Website.
ii.    Complete the details required [“Personal Details”] in the Web Form provided on the Promotion Website.
iii.    Snap one [1] clear and legible picture/image [“Image”] of the Receipt complete with the Receipt Details. One [1] Image must contain a picture of one [1] Receipt only.
iv.    Upload the Image on the Web Form and submit [“Entry”].
i.    The Organiser will process all Entries received. Incomplete Entry will be disqualified. The Organiser shall reserve the right to disqualify any Entries with reprinted Receipt and/or duplicated Receipt and/or Images containing more than one [1] Receipt. The Organiser shall reserve the right to request for evidence of the original Receipt [hardcopy] and identification document for verification and redemption. Failure to produce the hard copies of these documents upon request will result in disqualification and forfeiture of the Premiums.
9. Entry Deadline for Redemption: All Entries must be received by the Organiser on or before 23:59:59 on 31/05/2021. All Entries received outside the Promotion Period will be automatically disqualified.
10. Sabah Grand Prizes: There are a total of three [3] Grand Prizes which consists of a 2 minutes Grocery Sweep of NESTLÉ products worth up to a total of RM1,000 each to be won in Sabah.
11. Sarawak Grand Prizes: There are a total of three [3] Grand Prizes which consists of a 2 minutes Grocery Sweep of NESTLÉ products worth up to a total of RM1,000 each to be won in Sarawak.
12. Judging
Details – Grand Prizes:
a.    All Qualified Entries processed by the Organiser throughout the Promotion Period will be separated according to the Sabah or Sarawak residential address provided in the Web Form.
b.    All Qualified Entries for each state will separately be allocated a set of serial numbers starting from serial number “1”.
c.    The serial numbers allocated to each Qualified Entry in each state will be tabulated and added up to derive the total number of Qualified Entries [“Total Qualified Entries”]. Assuming that the Total Qualified Entries for Sabah is 22085, the Organiser will compute and select based on the following:
i.    Selection of three [3] Prize Finalists: 22085 ÷ 3 = 7361.6. Since dividing 22085 with 3 will result in a number with decimal value, the number 7361.6 will be rounded down to 7361. Three [3] Participants with Qualified Entries bearing the serial number 7361* will be selected as the Grand Prize Finalist, the following serial number 14722* will be selected as the First Prize Finalist and the last serial number of 22083* will be selected as the Second Prize Finalist [*computation example: 7361, 7361+7361=14722, 14722+7361= 22083].
13. Grocery
Sweep Grand Prize Terms
 
a.  The Organiser will contact all selected Finalists via the mobile number from
which the Organiser received in the Web Forms. Each selected Finalists will be given one [1] question to answer. The selected Finalists must answer the question posted by the Organiser correctly in order to win the Prizes. Failure to answer correctly will result in the Grand Prize being forfeited. The Organiser will not be held liable in the event the selected Finalists cannot be contacted for whatever reasons.
b.    The Winners will be invited to participate in the Grocery Sweep of NESTLÉ products event [“Event”] and the Organiser will further notify the Winners of the venue, date and time of the Event.
c.    Participation by the Winners in the Event will further be subjected to a set of terms and conditions [“Ground Rules”] that will be communicated and announced by the Organiser on the day of the Event to the Winners.
d.    Subject to the Winners’ strict adherence to the Ground Rules set by the Organiser during the Event, each Winner must participate in the Event set by the Organisers.
e.    Winners who failed and/or refused to take part in the Event for whatever reason shall automatically be disqualified by the Organiser and prizes that have been allocated for the relevant Winners shall be forfeited by the Organiser. The Winners right to participate in the Event is strictly non- transferable.
f.    Each participant may throughout the Promotion Period win one [1] Prize only.
g.    The Organiser reserves the rights to extend the timelines stated under this clause owing to reasons beyond the control of the Organiser. All unclaimed prizes after the deadline set by the Organiser will be forfeited.
h.    The Organiser retains the right to substitute any prize with another prize of similar value in the event the original prize offered is not available.
i.    The Organizer excludes its responsibilities and all liabilities arising from any postponement, cancellation, delay or changes or modification to the Promotion or prizes or due to any other unforeseen circumstances beyond the Organizer’s control such as governmental interference, civil commotion, riot, war, strikes, act of terrorism (including but not limited to any act of violence, hostility, national emergency, occurrence of any epidemic/pandemic outbreaks) and for any act or default by any third-party suppliers or vendors.
j.    The Organizer shall not be liable for any loss or damage that occurs to the prizes during the delivery process. Any other additional costs (i.e. travel expenses, transportation cost, duties and taxes) involved to redeem or collect the prize shall be borne by the winner at their own cost.

This Schedule to Conditions of Entry must be read together with the Conditions of Entry and Privacy Notice available at: https://bit.ly/3do4X3b and www.startwell.nestle.com.my/lactogrow-aktif-beli-tebus-menang collectively “Terms and Conditions” and shall be binding on all participants who participate in this Promotion (hereinafter referred to as “Participants”, “Participant”, “You”, “you”, “your”).

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B.    Conditions of Entry

1.    Introduction

1.1    These conditions of entry must be read together with the Schedule to Conditions of Entry, collectively “Terms and Conditions”, and shall be binding on all Participants (and the parent/legal guardian of the Participant, in the case of a minor Participant) who participate in this Promotion (hereinafter referred to as “Participants”, “Participant”, “You”, “you”, “your”). To the extent that there is any inconsistency between these conditions of entry and the Schedule to Conditions of Entry, the Schedule to Conditions of Entry prevails. Each capitalized term not otherwise defined herein shall have the meaning ascribed to such term in the Schedule to Conditions of Entry. Defined terms will be used singular or plural as the case may be.

1.2    The Organiser reserves the right in its sole discretion, without prior notice, and without any liability to any person, at any time to change the Terms and Conditions including to change the Promotion Period, make Premiums substitutions, cancel, terminate or suspend the Promotion in whole or in part. In the event of any changes to the Terms and Conditions, Participants agree that their continued participation in the Promotion will constitute their acceptance of the Terms and Conditions (as changed).

1.3    The Organiser’s decision on all matters relating to the Promotion including judging and selection of winners will be final, binding and conclusive on all Participants, and no correspondence or appeals will be entertained.


2.    Promotion Entries

2.1    By submitting an entry to the Promotion, Participants are deemed to have understood and agreed to be bound by the Terms and Conditions.
2.2    All costs and expenses incurred and/or arising from the participation in the Promotion, including without limitation, telecommunications, network, Short Messaging Services, postal and all such other charges and out-of-pocket expenses as may be incurred by a Participant during or in connection with the Promotion shall be borne by the Participant.
2.3    Proof of submission of an entry is not proof of receipt, and the Organiser shall not be liable for any delay, lost, damaged and/or non-receipt of submissions. The Organiser is not responsible for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction, unauthorized access to, or alteration of, user or member communications, or any problems or technical malfunction of our telecommunications network or lines, computer online systems, servers or providers, computer equipment, software, failure of e-mail or players on account of technical problems or traffic congestion on the Internet.
 
3.    Eligibility A

3.1    Where the eligibility age prescribed in the Schedule to Conditions of Entry is below the age of eighteen (18), Participants are required to obtain the written consent (in such form as may be prescribed by the Organiser), from their parents/legal guardians before participating in the Promotion and submitting any personal information.
3.2    The Organiser may require a Participant to provide proof of eligibility to participate in the Promotion including without limitation, identification documents, and the written consent of parents/legal guardians in the case of Participants below the age of eighteen (18) years.


4.    Eligibility B

The following groups of persons shall be eligible to participate in the Promotion:
(a)    Employees of the Organiser and its group of companies and their immediate family members (spouse, children, parents, siblings, and their spouses); and
(b)    Employees of the Organiser’s agencies associated with the Promotion and their immediate families (spouse, children, parents, siblings, and their spouses).


5.    Disqualification

5.1    The following entries will be disqualified:
(b)    unclear, incomplete, duplicate, copies, illegible or incorrect entries; and/or
(b)    entries that violate the Terms and Conditions, any applicable laws and/or regulations.

5.2    In addition, the Organiser reserves the right to disqualify any Participant that:
(a)    undermines, has or attempted to undermine the operation of the Promotion by fraud, cheating or deception; and/or
(b)    are not eligible or unable to provide proof of eligibility to participate in the Promotion for verification by Organiser when requested.
5.3    In the event of a disqualification after a Premium has been awarded, the Organiser reserves the right to demand for the return of the Premium or payment of its value from the disqualified Participant.


6.    Premiums

6.1    The Organiser, its agents, sponsors and representatives shall have no liability to any Participant who defaults in collecting the Premiums in accordance with the Premium Claim/Delivery Date in any respect whatsoever. The Organiser reserves the right to determine how uncollected Premiums will be dealt with.
6.2    The Organiser reserves the right to substitute any one of the prize(s) with items of equivalent value at any time without prior notice. Premiums are strictly not transferable, assignable, exchangeable or redeemable by the Participant in any other form or manner other than that specified by the Organiser.
6.3    Any additional costs not specifically stated in the Schedule to Conditions of Entry in relation to a Premium shall be the responsibility of the Winner.
6.4    All Premiums must be taken according to the terms and conditions of the Organiser, its agents, sponsor or third party providing the Premium.
6.5    Premium(s) are given out on an “as it is” basis. The Premium shall be used/taken entirely at the risk of the Participants and the Organiser excludes all warranties and liabilities in connection with the Premium to the fullest extent permitted by law.
6.6    Premiums must be claimed in person unless the Organiser prescribes other modes of collection.
6.7    Where a Participant is under the age of 18 years of age and is declared a Premium winner, the Participant must be accompanied by their parent/legal guardian throughout the Premium fulfilment.


7.    Publicity

The Organiser may use a Participant’s entry including without limitation, photos, drawings, text, and any other content or information submitted for purposes of the Promotion (collectively the “Materials”), and the Participant’s name, and/or likeness, for advertising, publicity and promotion of any goods or services of the Organiser, for an unlimited time throughout the world without compensation, and in any media. The Participant shall do all things necessary to give effect to this if requested by the Organiser.
 

8.    Intellectual Property Rights

The Participant agrees that all intellectual property rights in any contents and/or materials submitted, made or created by the Participant in connection with the Promotion and any derivative works arising therefrom will perpetually and unconditionally be vested in, assigned to and owned by the Organiser. The Organiser has the right to use and modify such materials or works in any way it deems fit without compensation to the Participant and the Participant waives all rights he or she may have in such materials or works.
 

9.    Indemnity

Each Participant agrees to indemnify, release and hold harmless each of the Organiser, its holding, subsidiary or related companies as defined in the Companies Act 2016 (“Nestlé Malaysia Group”), directors, officers, employees, agents, sponsors and/or representatives against any and all losses, rights, claims, actions and damages (including special, indirect and consequential damages) arising from or incurred as a result of the Participant’s participation in the Promotion, acceptance of any Premium, and/or the use of the
 
Participant’s entry and/or likeness in connection with the Promotion or violation of the Terms and Conditions,
 

10.    Limitation of Liability

10.1    The Participant’s participation in the Promotion shall be at the Participant’s own risk.

10.2    The Organiser, Nestlé Malaysia Group, its, directors, officers, employees, agents, sponsors and/or representatives shall not be liable to any Participant in respect of any loss or damage whatsoever which is suffered, including but not limited to indirect or consequential loss, or for personal injury suffered or sustained by the Participant arising out of or in connection with the participation by the Participant in the Promotion, as well as the redemption and/or utilisation of any Premium won.
 

11.    General

11.1    The Organiser, its agents, sponsors and/or representatives shall not be liable to perform any of their obligations in respect of the Promotion and the Terms and Conditions where they are unable to do so as a result of circumstances beyond their control and shall not be liable to compensate the Participants in any manner whatsoever in such circumstances.
11.2    Any names, trademarks or logos used and or reproduced in any materials (including marketing and promotional materials) in connection with this Promotion, in particular that relates to the Premium, are the properties of their respective owners. This Promotion and the Organiser are not affiliated with, or endorsed or sponsored by, the relevant owners, unless otherwise communicated, and such owners are not part of the Organiser’s group of companies
11.3    The Participants shall not be entitled to assign any of the rights or sub-contract any of the obligations herein. The Organiser shall be entitled to assign or sub-license the whole or any part of its rights hereunder to any third party as may be determined by the Organiser.
11.4    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 Promotion.
11.5    Where the Terms and Conditions of the Promotion is prepared in English and any other language(s) in the event of any inconsistency between the English language and the other language(s), the English language version shall prevail and govern in all respects.
11.6    The Terms and Conditions of the Promotion shall be construed, governed and interpreted in accordance the laws of Malaysia.
 

12.    Privacy Notice
12.1    By participating in the Promotion, the Participant agrees to the processing of the Participant’s Personal Data by the Organizer in accordance with the Privacy Notice in www.NESTLÉ.com.my/info/privacy_policy.
12.2    Dengan menyertai Promosi, Peserta bersetuju dengan pemprosesan Data Peribadi Peserta oleh Penganjur berdasarkan Notis Privasi di www.NESTLÉ.com.my/info/privacy_policy.