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LACTOGROW® Saat Indah Grow Happy

TERMS AND CONDITIONS

A. Schedule to Conditions of Entry

1. Organiser:

Nestlé Products Sdn. Bhd. [197901000966] [“the Organiser”].

2. Promotion:

NESTLÉ LACTOGROW® SAAT INDAH GROW HAPPY PROMOTION IN PENINSULA MALAYSIA [“Promotion”].

3. Promotion Period:

The Promotion starts at 00:00:00 on 01/06/2021 and closes at 23:59:59 on 31/07/2021.

4. Eligibility:

The Promotion is open to all individual legal residents of Peninsula Malaysia aged 18 years and above as at the start of the Promotion Period, and with a valid identification document and residential address in Peninsula Malaysia. The Organiser shall reserve the right to request for evidence of identification documents.

5. Participation Method:

a.     The Promotion comprises of two aspects: (1)  a redemption program [“Redemption”] and (2) a contest [“Contest”].

b.     To participate in the Promotion, submit your entries and for the complete list of participating outlets, please visit the Promotion Website at https://www.startwell.nestle.com.my/lactogrow-saat-indah-grow-happy/wm or scan the QR code shown on the Promotion Leaflets.

c.     All qualified Entries received for the Promotion to participate in the Redemption will automatically participate in the Contest to stand a chance to win prizes upon the terms and conditions per Clause 9 to Clause 16 below.

d.     The Redemption is limited to the first seven thousand five hundred [7500] qualified Entries throughout the Promotion Period. In the event the Redemption is completely redeemed, . All qualified Entries will still be eligible to participate in the Contest and will automatically be submitted for the Contest upon receipt of the entries by the Organiser.

6. Redemption:

a.     Redemption A: To redeem RM30 Touch ‘n Go eWallet rebate you must purchase a minimum of three [3] NESTLÉ LACTOGROW® 3 and/or 4 [1.3kg] in a single receipt from any participating outlets during the Promotion Period. Limited to the first three thousand [3000] redemptions only.

b.     Redemption B: To redeem RM15 Touch ‘n Go eWallet rebate you must purchase a minimum of three [3] NESTLÉ LACTOGROW® Aktif 1-3 and/or 4-6 [900g] in a single receipt from any participating outlets during the Promotion Period. Limited to the first four thousand five hundred [4500] redemptions only.

c.     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”].

d.     The Receipt must bear the Products purchased, 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.

e.     Entry submission via Promotion Website:

      i.         Visit the Promotion Website or scan the QR code.

     ii.         Complete the details required [“Personal Details”] in the 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”].

f.      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.

g.     Each Participant may only redeem a maximum of two [2] sets of either Redemption A and/or B throughout the Promotion Period.

For example:

Throughout the Promotion Period, you may redeem one [1] set of Redemption A and one [1] set of Redemption B only;

OR two [2] sets of Redemption A only;

OR two [2] sets of Redemption B only.

h.     All Entries that do not meet the requirements stated herein shall be automatically disqualified by the Organiser.

i.      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 Touch nGo eWallet rebate[s].

7. Redemption Fulfilment:

a. Touch‘n Go eWallet rebate pincode[s] will be direct credited by Touch ‘n Go to the qualified Participants mobile number provided by the Participants within 20 working days from the date of the submission.

b.     In the event of failure to direct credit to the Participants’ mobile number due to the Participant is not a Touch ‘n Go user, the Organiser will send the Touch ‘n Go eWallet rebate pincode[s] via SMS to the Participants’ mobile number.

c.     The Organiser reserves the right at its absolute discretion to extend the timeline as the Organiser deems necessary. The Organiser will not be held liable in the event of non-receipt or delayed delivery of the Touch ‘n Go eWallet rebate pincode[s] to the Participant[s]. All unclaimed Touch ‘n Go eWallet rebate[s] will be forfeited.

d.     All Participants must abide by the terms and conditions of the party[ies] arranging and/or providing for the Touch ‘n Go eWallet rebate[s] and the terms and conditions attached to the Touch ‘n Go eWallet rebate[s], if any.

e.     The Organiser shall reserve the right at its absolute discretion to substitute any of the Touch ‘n Go eWallet rebate[s] stated with another premium of similar value, at any time without prior notice. All Touch ‘n Go eWallet rebate[s] are provided on an “as is” basis and are not exchangeable for credit, other items or voucher in part or in full.

8. Entry Deadline:

All Entries must be received by the Organiser on or before 23:59:59 on 31/07/2021. All Entries received outside the Promotion Period will be automatically disqualified.

9. Contest:

a.     Contest Prizes: There are a total of three [3] Grand Prizes to be won throughout the Promotion. Refer Terms & Conditions clause 10.

b.     Exclusive at TESCO/LOTUS’S: For Participants with purchases from any TESCO/LOTUS’S outlets will also stand a chance to win additional prizes. Refer Terms & Conditions clause 12.

c.     Exclusive at ECONSAVE: For Participants with purchases from any ECONSAVE outlets will also stand a chance to win additional prizes. Refer Terms & Conditions clause 14.

10. Contest Grand Prizes:

a.     There are a total of three [3] Grand Prizes which consists of a Play Space Makeover [“Makeover”] at home by Decalyca Lab worth RM10000 each.

b.     All Winners will be Decalyca Lab within 6 – 8 weeks from the end of Promotion Period. Winners must provide their home address for the Makeover venue.

c.     Decalyca Lab will consult the Winners directly on the proposed Play Space Makeover design worth RM10000, plans, schedule, timeline and execution to the best of their ability and ensure that the entire Play Space Makeover will be worth RM10000 in makeover and/or items. The Organizer shall not be liable for any additional cost in excess of RM10000. The Play Space Makeover design shall include some NESTLÉ LACTOGROW® brand elements i.e: colour, doodles and etc.

d.     All Winners are required to acknowledge and sign a Grand Prize Terms & Conditions to agree and abide by the terms and conditions as consulted and set by Decalyca Lab and the Organiser prior to the Grand Prizes fulfilment. In the event any Winners refuse to sign the Grand Prize Terms & Conditions, the Organiser will forfeit the Grand Prize without providing any compensation whatsoever.

e.     In addition to the Grand Prize Terms & Conditions, The Organiser may request and use one [1] ‘BEFORE’ the Makeover video and/or pictures and one [1] ‘AFTER’ the Makeover video and/or pictures at the Winner’s Makeover venue and the Winner’s name, image and/or likeness for advertising, publicity and promotion of any goods or services of the Organiser without compensation, and in any media. The Winner shall do all things necessary to give effect to this before the Makeover commence and immediately after the Makeover is completed and agree that the Winner shall not be entitled to claim ownership or other forms of compensation on the materials.

f.      All Grand Prizes are provided on an “as is” basis and are not exchangeable for cash, credit and other items and/or voucher in part or in full. In the event any Winners reject and/or decline to accept the Makeover in part or in full, the Organiser will forfeit the Grand Prize without providing any compensation whatsoever.

g.     All Winners must abide by the terms and conditions of the party[ies] arranging and/or providing for the Grand Prizes and the terms and conditions attached to the Grand Prizes.

11. Judging Details –Contest Grand Prizes:

a.     As part of the winners selection process, the Organiser will allocate serial numbers for each Entry received and approved for Redemption and in the event Redemption has been fully redeemed, for the Contest by the Organiser to be a successful Entry throughout the Promotion Period according to the Receipt submitted [each a “Qualified Entry” and collectively the “Qualified Entries”]. A set of serial numbers will be allocated for the Qualified Entries starting from serial number “1”.

b.     The serial numbers allocated to each Qualified Entry will be tabulated and added up to derive the total number of Qualified Entries [“Total Qualified Entries”]. Assuming that the Total Qualified Entries is 22085, the Organiser will compute and select based on the following:

      i.         Selection of three [3] Grand 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 following serial numbers will be selected: 7361*, 14722* and 22083 [*computation example:  7361, 7361+7361=14722, 14722+7361= 22083].

12. Exclusive at TESCO/ Prizes:

There are a total of two hundred and seventeen [217] prizes to be won exclusively at TESCO/as per below:

a.     There is one [1] Grand Prize which consists of a d Standing Mixer 4.8L (5KSM150PSBER) [random colour].

b.     There are three [3] 1st Prizes which consists of a GHD Hair Dryer and Straightener [random colour].

c.     There are five [5] 2nd Prizes which consists of a Samsung Microwave Oven (MG23T5018CN/SM) [random colour].

d.     There are eight [8] 3rd Prizes which consists of a Philips 4.1L Essential Airfryer (HD9200/91) [random colour].

e.     There are two hundred [200] Consolation Prizes which consists of a RM50 TESCO/LOTUS’S expiring 31st January 2022.

13. Judging Details – Exclusive at TESCO/LOTUS’S Prizes:

a.     To select the Finalists, ALL Qualified Entries with TESCO/LOTUS’S receipts collected and processed by the Organiser throughout the Promotion will separately be allocated a set of serial numbers starting from serial number “1”.

b.     The serial numbers allocated to each Qualified Entries with TESCO/LOTUS’S receipts will be tabulated and added up to derive the total number of Qualified Entries with TESCO/LOTUS’S receipts [“TESCO/LOTUS’S Total Qualified Entries”]. Assuming that the Total TESCO/LOTUS’S Qualified Entries is 5177, the Organiser will compute and select the finalists [“Finalist”] to win the prizes based on the following:

      i.         Selection of one [1] Grand Prize Finalist: 5177 ÷ 2 = 2588.50. Since dividing 5177 with 2 will result in a number with decimal value, the number 2588.50 will be rounded down to 2588. The following Participant with TESCO/LOTUS’S Qualified Entry bearing the serial number 2588 will be selected.

     ii.         Selection of three [3] 1st Prize Finalists: 5177 ÷ 3 = 1725.66. Since dividing 5177 with 3 will result in a number with decimal value, the number 1725.66 will be rounded down to 1725. The following Participants with TESCO/LOTUS’S Qualified Entries bearing the following serial numbers will be selected: 1725*, 3450* and 5175* [*computation example:  1725, 1725+1725=3450, 3450+1725=5175].

    iii.         Selection of five [5] 2nd Prize Finalists: 5177 ÷ 5 = 1035.40. Since dividing 5177 with 5 will result in a number with decimal value, the number 1035.40 will be rounded down to 1035. The following Participants with TESCO/LOTUS’S Qualified Entries bearing the following serial numbers will be selected: 1035*, 2070*, 3105*, 4140 and 5175 [*computation example:  1035, 1035+1035=2070, 2070+1035=3105].

    iv.         Selection of eight [8] 3rd Prize Finalists: 5177 ÷ 8 = 647.25. Since dividing 5177 with 8 will result in a number with decimal value, the number 647.25 will be rounded down to 647. The following Participants with TESCO/LOTUS’S Qualified Entries bearing the following serial numbers will be selected: 647*, 1294*, 1941*, 2588 and so forth [*computation example:  647, 647+647=1294, 1294+647=1941].

     v.         Selection of two hundred [200] Consolation Prize Finalists: 5177 ÷ 200 = 25.85. Since dividing 5177 with 200 will result in a number with decimal value, the number 25.85 will be rounded down to 25. The following Participants with TESCO/LOTUS’S Qualified Entries bearing the following serial numbers will be selected: 25*, 50*, 75*, 100 and so forth [*computation example:  25, 25+25=50, 50+25=75].

14. Exclusive at ECONSAVE Prizes:

There is a total of one hundred [100] prizes which consists of an ECONSAVE Voucher worth RM50 each to be won exclusively at ECONSAVE throughout the Promotion

15. Judging Details – Exclusive at ECONSAVE Prizes:

a.     To select the Finalists, ALL Qualified Entries with ECONSAVE receipts collected and processed by the Organiser throughout the Promotionwill separately be allocated a set of serial numbers starting from serial number “1”.

b.     The serial numbers allocated to each Qualified Entries with ECONSAVE receipts will be tabulated and added up to derive the total number of Qualified Entries with ECONSAVE receipts [“ECONSAVE Total Qualified Entries”]. Assuming that the Total ECONSAVE Qualified Entries is 5050, the Organiser will compute and select the finalists [“Finalist”] to win the prizes based on the following:

      i.         Selection of one hundred [100] Prize Finalists: 5050 ÷ 100 = 50.50. Since dividing 5050 with 100 will result in a number with decimal value, the number 50.50 will be rounded down to 50. The following Participants with ECONSAVE Qualified Entries bearing the following serial numbers will be selected: 50*, 100*, 150*, 200 and so forth [*computation example:  50, 50+50=100, 100+50=150].

16. Additional Terms:

a.     The Organiser will contact all selected Finalists of the Contest Grand Prizes, the Exclusive at TESCO/LOTUS’S and the Exclusive at ECONSAVE respectively via WhatsApp to 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 and/or failure to answer the question posted by the Organiser within the time stated will result in the Prize being forfeited. The Organiser will not be held liable in the event the selected Finalists cannot be contacted for whatever reasons.

b.     For the Contest Prizes, each Participant may throughout the Promotion Period win:

      i.         One [1] Grand Prize;

     ii.         One [1] Exclusive at TESCO/LOTUS’S Prize and;

    iii.         One [1] Exclusive at ECONSAVE Prize.

c.     All TESCO/LOTUS’S and ECONSAVE prizes will be transferred to the winners within 6 – 8 weeks from 31/07/2021. The Organiser will notify all the winners via mail and/or WhatsApp on prizes delivery details and prizes terms and conditions set by the third-party suppliers. The Organiser reserves the rights to extend the timelines stated under this clause owing to reasons beyond the control of the Organiser.

d.     All unclaimed prizes after the deadline set by the Organiser for prize collection will be forfeited.

e.     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.

f.      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.

g.     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.

g.

This Schedule to Conditions of Entry must be read together with the Conditions of Entry and Privacy Notice available at: https://www.startwell.nestle.com.my/lactogrow-saat-indah-grow-happy/wm 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 Gifts 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.

  1. 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.

  1. 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.

  1. 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).

  1. 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 Gift has been awarded, the Organiser reserves the right to demand for the return of the Gift or payment of its value from the disqualified Participant.

  1. Gifts

6.1       The Organiser, its agents, sponsors and representatives shall have no liability to any Participant who defaults in collecting the Gifts in accordance with the Gift Claim/Delivery Date in any respect whatsoever. The Organiser reserves the right to determine how uncollected Gifts will be dealt with.

6.2       Gifts 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 Gift shall be the responsibility of the Winner.

6.4       All Gifts must be taken according to the terms and conditions of the Organiser, its agents, sponsor or third party providing the Gift.

(a)       Tickets to an Event:

The Organiser is not liable for any cancellation or re-scheduling that may prevent a Gift fulfilment. Tickets can only be used on the date(s) specified on the ticket.

(b)       Travel/Holiday Gifts:

If travel is offered as a Gift, flights and accommodation are subject to availability at time of booking. The Gift must be taken in accordance with the dates and destinations specified by the Organiser, its agent or sponsors. Additional spending money, meals, taxes, valid passports, visas, transport to & from departure point additional transfers, insurance & all other ancillary costs not specifically stated in the Schedule to Conditions of Entry are the responsibility of the Winner.

6.5       Gift(s) are given out on an “as it is” basis. The Gift shall be used/taken entirely at the risk of the Participants and the Organiser excludes all warranties and liabilities in connection with the Gift to the fullest extent permitted by law.

6.6       Gifts 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 Gift winner, the Participant must be accompanied by their parent/legal guardian throughout the Gift fulfilment.

  1. 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.

  1. 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.

  1. 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 Gift, and/or the use of the Participant’s entry and/or likeness in connection with the Promotion or violation of the Terms and Conditions,

  1. 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 Gift won.

  1. 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 Gift, 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.

  1. 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.