2. The Promotion is offered by www.drinkies.my (the "Site").
3. These Terms of Promotion apply to the legal relationship between the Site and a participant in the Promotion. By participating in the Promotion, participants agree to be bound by the Terms of Promotion and all decisions by the Site.
4. The laws of Malaysia shall govern the Promotion and these Terms of Promotion. All disputes arising in connection with the Promotion and these Terms of Promotion, including but not limited to disputes concerning the existence and validity thereof, shall be resolved by the competent courts of Malaysia and by participating in the Promotion the participants hereby submit to the exclusive jurisdiction of the courts of Malaysia. However, it shall be the sole responsibility and obligation of each participant to ensure that he / she complies and does not contravene any laws to which he / she may be personally subjected to.
5. A failure by the Site to enforce any of these rules in any instance(s) will not give rise to any claim by any other person.
6. To participate in the Promotion, participants will need to provide their personal details for competition judgement and prize fulfilment purposes, as well as marketing and promotional purposes in connection with this Promotion. All participants must ensure the details provided are true, accurate, current and complete. The Site reserves the right to verify the eligibility of all participants.
7. The Promotion will be held during the Promotion Period as set out in this Terms of Promotion. The Site reserves the right to vary, postpone or re-schedule the dates of the Promotion or extend the Promotion Period at its sole discretion.
8. The Site shall have the right, at its sole discretion, at any time and without prior notification, to change or discontinue any aspect of the Promotion and to change, amend, delete or modify the Terms of Promotion and other rules and regulations including the mechanism of the Promotion, or any part thereof. Such changes shall be effective immediately upon posting of the modified Terms of Promotion. If a participant does not agree to abide by these or any amended or modified Terms of Promotion, the participant should not continue to participate in the Promotion. Participants are advised to revisit this page on a regular basis and frequently read the Terms of Promotion in the event of any change. The continued participation by the participant in the Promotion indicates the participant's full acceptance of the amended and modified Terms of Promotion.
9. The Site may terminate or suspend the Promotion at any time at its absolute discretion in which case, the Site may elect not to award any prize. Such termination or suspension will not give rise to any claim by a participant. If the Promotion is resumed by the Site, a participant shall abide by the Site's decision regarding recommencement of the Promotion and the assignment of the prizes.
10. Any dispute or situation not covered by these Terms of Promotion will be resolved by the management of the Site in a manner it reasonably deems to be fairest to all concerned. That decision shall be final and binding on all participants. No correspondence will be entertained.
12. Participants to this Promotion are deemed to accept the terms and conditions of this Promotion unconditionally. A failure to adhere to these terms and conditions will result in the disqualification of a Participant from the Promotion and forfeiture of the prize(s).
13. The Promotion Period will be from:
1 July 2019 to 21 July 2019
14. The Promotion is open ONLY to non-Muslim individuals who reside in Malaysia aged 21 and over (as of at the date of participation in the Promotion and proof of age will be required), who are not Ineligible Persons and who are lawfully permitted to consume alcoholic beverages. No syndicates or groups will be allowed to participate.
15. The following categories of persons are not eligible and excluded from participation in the Promotion:
- Persons employed by, or working for, the Site including its affiliated and related companies and their immediate family members (children, parents, brothers and sisters, including spouses) in any capacity;
- Representatives, employees, servants and / or agents of advertising and / or promotion service providers of the Site including its affiliated and related companies, and their immediate family members (children, parents, brothers and sisters including spouses);
- Persons working for third party companies that are involved in the organisation or execution of the Promotion.
(Each such person shall be referred to as an "Ineligible Person" and collectively referred to as "Ineligible Persons" in these Terms of Promotion).
1. Brief Description of Promotion
Tiger Football Promotion is organised with the intention to reward non-Muslim Malaysians, aged 21 and above who have participated in the Promotion.
2. Brief Mechanism of Promotion and Selection of Winners
METHOD OF PARTICIPATION:
(a) Participants may participate with a purchase of Tiger 6-can pack, Tiger 24-can pack or Tiger draught during the Promotion Period. The proof of purchase for each entry is the Order Number of the purchase.
(b) The method of participation in the Promotion is via entry of order number, name and IC into the entry form only.
(c) The participants must adhere to the mechanism of the Promotion as may be notified or communicated by the Site during the Promotion Period.
3. Promotion Period
The Promotion shall be held from 1 July 2019 (12am Malaysian Time) and will close on 21 July 2019 (11.59pm Malaysian Time) or such other time that the Site deems fit. The Site reserves the right to vary, withdraw or re-schedule the Promotion Period or any dates thereof at its sole discretion.
4. Selection of Winners
Winner selection criteria:
(a) Winners will be selected on a weekly basis with the number depending on how many participate.
(b) Every entry ending with 9 will be pooled in a shortlisted group. E.g. 9th, 19th, 29th, 39th, etc.
(c) The Site will then contact the selected participants to provide verification and ask participants to answer one (1) question. One (1) correct answer entitles the participant to one (1) prize.
(d) Upon successful verification, the Site will congratulate the winners and advise them on the prize redemption process which will be at the Site’s discretion.
(e) In the event that the qualifier fails, refuses or neglects to respond or to reply the Site’s e-mail or telephone call within twenty-four (24) hours, or is disqualified for whatsoever reason, the next entry in the order set out in paragraph 1 above will be notified via WhatsApp with the same mechanics as set above.
(a) The Prizes for the Promotion:
- x5 lucky winners will meet Rio Ferdinand at the Tiger Street Football Final on 27 Jul 2019
- x4 FIVE By Rio Ferdinand jumpers
(b) The Site reserves the right to substitute any one of the prize(s) with items of equivalent value at any time without prior notice.
(c) All prizes are accepted entirely at the risk of the participants. Prizes are awarded by the Site and/or sponsors without any expressed or implied warranty. The winners shall execute a deed of release and indemnity in a form prescribed by the Site, if so required, in order to receive the prize.
6. Notification and Verification of Winners
(a)Winners will be contacted via WhatsApp using the contact details provided by them pursuant to the Promotion to the Site. Winners will need to provide full details (name, I.C. no., mobile phone no., e-mail address and other details if necessary) for prize fulfilment purposes. The winners must ensure that the details that are provided to the Site are true, accurate, current and complete.
(b) Each winner is only allowed to win one (1) prize from the Promotion. The selection of the winners will be done during the Promotion Period.
(c) The winners will be notified via e-mail and telephone call. If the winner does not respond within twenty-four (24) hours from the time when the Site sends the notification via e-mail and telephone call, the Site will proceed to contact the next eligible winner. Winners will be informed of their win and they will be advised by the Site as to the verification process and how to redeem their prizes thereafter.
To verify and redeem the prize upon notification, the winner must be able to submit a photocopy of their IC to the Site and its appointed agent (which means a third party appointed by the Site from time to time as its agent to, among other tasks, manage the WhatsApp hotline and the distribution of the prizes pursuant to this Promotion, and hereinafter referred to as the "Appointed Agent") which must be an exact match as the details submitted via IM by e-mail at firstname.lastname@example.org.
7. Prize fulfilment
(a) Once the winner has been verified and confirmed, prize fulfilment will be carried out through a courier service sent to the winners’ full mailing address as provided to the Site upon request.
(b) The winner must sign and send back a copy of all the consent documents together with the original receipt as proof of purchase and a scanned copy of their I.C. for verification purposes to the Site. By participating in the Promotion, the participants grant the Site the permission to publicise, broadcast or otherwise disclose his or her name, character, likeness, statements or any promotional activities in any and all media concerning the winning of the Promotion, or Promotions generally held by the Site at any time and from time to time. The Site may promote or advertise that a particular winner won the Promotion. All participants and/or winners hereby agree and consent to the use of his/her name for the purpose of advertising, trade or promotion by the Site without any additional compensation, notification and/or permission.
(c) All consent documents must be returned to the Site within the advised date by the Site's Appointed Agent.
(d) The Site reserves the right to disqualify and remove any participants from the Promotion without prior notification or disclosure of information should the participants be suspected of tampering with their entries or are in breach of the Terms of Promotion.
(e) The Site reserves the right to forfeit the prize if the winner fails to respond by the date and time agreed by the winner and the Site's Appointed Agent.
(f) The Site reserves the right to ignore requests from winners during the Promotion Period which are deemed by the Site to be unreasonable.
16. Other Terms of Promotion
16.1. The participant agrees that he / she shall: (i) abide by the said terms and conditions accordingly and agrees to cooperate and to follow all directions and/or instructions given to the participant; (ii) not dispute nor make any oral or written complaints, public announcements or statements or similar whether during or after the Promotion Period; (iii) not by act or omission, directly or indirectly bring the Site into disrepute; (iv) not give any product endorsement, any interviews or be involved in any articles or reports in respect of the Promotion or the prize with any third party other than with express written consent of the Site; (v) agrees that the participant’s participation in the Promotion does not entitle the participant to wages, salary or any other compensation.
16.3. At the close of the Promotion Period, the Site will review the submitted entries and select the winners based upon the Selection of Winners under paragraph 5 of the Promotion Mechanics above.
16.4. Prizes are given on a “while stocks last” basis. The Site reserves the right to substitute the prize, or any portion thereof, as the case may be, for an alternative prize of equal or greater value should the prizes promoted not be available due to unforeseen circumstances.
16.5. Winners of the Promotion will be contacted and / or notified by the Site, its agencies, affiliates, sponsors or its representative via WhatsApp. Such participants will then need to provide full details (name, I.C. no., mobile phone no., address and other details if necessary) for prize fulfilment purposes. The participants will need to respond within twenty-four (24) hours from the time that the Site sends the notification via WhatsApp. Prizes will be forfeited should there be no response from such participants within the stipulated time.
16.6. In the event any participant fails to collect and/or redeem his / her prize within the stipulated time or chooses not to accept his / her prize, he / she shall be deemed to have forfeited any and all claims to that prize, which will be dealt with according to the reasonable discretion of the Site subject to compliance with any applicable laws.
16.7. The prizes must (where applicable) be used on the dates specified, cannot be sold, changed or exchanged for money or for other prizes and the prizes are not transferable or negotiable and may not be redeemed for cash, credit and/or other items or vouchers in/or part or in full.
16.8. Any tax payable as a result of a prize being awarded is the sole responsibility of the winner / participant.
16.9. The maximum amount of prizes that a participant can win is one (1).
16.10. The Site’s decision in relation to any aspect of the Promotion is final and binding. No communication will be entertained in this regard.
16.11. Save and except for any warranties implied in law (if any), all prizes are used/taken entirely at the risk of the winner in all things, and the Site excludes all warranties in connection with any prize to the extent permitted by law. The Site makes no representations that the prize will be satisfactory to the winners.
16.12. The Site may publicise, broadcast or otherwise disclose a winner’s or participant’s name, character, likeness, statements or any promotional activities concerning the winning of the Promotion, or promotions generally held by the Site. The Site may promote or advertise that a particular winner won the Promotion. All winners and/or participants hereby agree and consent to the use of his/her photo, name, appearance, voice and likeness to and to transmit, copy, publish, copyright, distribute and display it in connection with articles, exhibitions, publicity, advertising, education, trade and/or promotional material or activities undertaken ("Promotional Materials") by the Site without any additional compensation, notification or permission. Participants and/or winners shall not be entitled to claim ownership and/or other forms of compensation on any of the materials. All winners and participants also hereby agree to waive any rights that he/she may have to inspect or approve any finished products or any advertising copy of the Promotional Materials that may be used, arising directly, indirectly or in connection with the Promotion. Further, all winners and participants hereby agree that he/she assigns all of his/her rights, titles and interests that he/she may have in any form of media in which any or all of his/her photos, name, appearance, voice and likeness have been captured in connection with the Promotion, along with full rights of assignability, and agree to execute any documents required by the Site to give effect to this assignment.
17.1. The participant agrees to waive, release and discharge the Site, its subsidiaries, its affiliates, its related companies, its agencies, sponsors and representatives from and against, any and all liabilities, costs, loss, damages or expenses which the participant or any party claiming through the participant hereafter may have arising out of acceptance of any prize(s) or participation in the Promotion including (but not limited to) death, personal injury and damage to property and whether or not direct, consequential or foreseeable.
17.2. Each participant hereby agrees to indemnify and hold the Site and each of its subsidiaries, affiliates, related companies, advertising and promotion agencies and each of its and their respective directors, employees, agents and representatives (the “Released Parties”) harmless from and against any losses, damages, rights, claims, or cause of action of any kind arising, in whole or in part, directly or indirectly, as a result of the participant’s breach of the participant’s warranties and undertaking and any breach of the Terms of Promotion and / or the rules and regulations of the Contest, participation in the Contest or arising in connection with a prize. The Released Parties shall not be responsible for lost, late, misidentified or misdirected entries or telecommunication or computer hardware or software performance, errors, delays or failures.
THE SITE DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE PROMOTION. THE PROMOTION AND THE PRIZES ARE PROVIDED ‘AS IS’ AND ‘AS AVAILABLE’.
19. Intellectual property
19.1. All intellectual property rights used in relation to the Promotion belong to the Site, and its affiliates, parent, subsidiaries, related companies and/or representatives (“Site Group”).
19.2. All intellectual property rights in connection with this Promotion shall only vest in the Site Group. The participants shall not be permitted at any time to reproduce or distribute any intellectual property rights in respect of this Promotion.
19.3. Entries and details submitted in connection with the Promotion (whether in written, audio or visual form, a combination of those, or any other form) or any photographs, video and/or film footage or audio recording taken of the participants shall be the property of the Site. The Site may use the material in any medium and in any reasonable manner it sees fit. Copyright of any such material becomes and remains the sole property of the Site. The participant hereby assigns to the Site all worldwide copyright and like rights in the entries and waive all moral rights.
20. Facebook and/or WhatsApp
20.1. This Contest is in no way sponsored, endorsed or administered by, or associated with, Facebook and/or WhatsApp.
20.2. The participants are providing the participants’ information (save in respect of the participants’ Facebook and/or WhatsApp username and password) to the Site and not to Facebook and/or WhatsApp. The information the participants provide will solely be used for and by the Site Group and will not be sold, transferred, given or shared with any third party not in any relation to the Promotion.
20.3. The participants agree that the participants shall waive any claim the participants may have against the Site Group that is in any way connected with a dispute the participants may have with Facebook and/or WhatsApp and/or another participant of the Contest (“third party participant”) and the participants agree to indemnify the Site Group for any losses or liability the Site Group suffers as a result of any claim against the Site Group by Facebook and/or WhatsApp and/or the third party participant as a result of the participants’ dispute or in relation to the participants’ dealings with Facebook and/or WhatsAppand/or such third party participant. This waiver and indemnity shall not apply in the event of any breach, fraud or wilful misconduct on the part of the Site Group.
21.1. The participant acknowledges that his/her participation in the Contest shall be at his/her own risk.
21.2. Each participant agrees that except in respect of damages, losses, injuries, rights, claims or actions caused by or arising from the negligence of the Site, the Site shall not be liable or responsible for damages, losses, injuries, rights, claims or actions of any kind in connection with the Promotion, or resulting from the acceptance, possession, use/misuse of prizes, or participation in the Promotion. To the extent permitted by law, the participant will assume full liability and responsibility in case of any liability, mishap, injury, damage, loss, claim, actions of any kind or accidents resulting from their participation in the Promotion or resulting from the acceptance, possession, use/misuse of prizes and a participant agrees to release and hold the Site free and harmless of any liability.
21.3. Each participant further agrees that the Site will not be responsible or liable for any Entries that are late (including delayed data transmissions), tampered with, garbled, incomplete, misdirected, lost, mutilated, delayed, corrupted, duplicated or otherwise not in compliance with these Terms of Promotion or arising due to the fault of the participant.
21.4. The Site shall not be liable to any participant nor shall the Site be deemed to be in breach of the Terms of Promotion by reason of any delay in performing, or any failure to perform, any of the Site’s obligations hereunder, if the delay or failure was due to any cause beyond the Site’s reasonable control.
21.5. All rights and privileges herein granted to the Site are irrevocable and not subject to rescission, restraint or injunction under any and all circumstances. Under no circumstances shall the participants have the right to injunctive relief or to restraint or otherwise interfere with the Site of the Contest, the production, distribution, exhibition, and/or exploitation of the Contest and/or any product based on and/or derived from the Promotion.
21.6. Notwithstanding the foregoing, nothing in these Terms of Promotion is intended to limit any rights the participants might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit the Site’s liability to the participants for any loss or damage arising from the breach or negligence on the part of the Site.
21.7. The Site reserves the right at its reasonable discretion to disqualify any individual that it determines to be tampering with the entry process or the operation of the Promotion or its website (if any), to be acting in breach or potential breach of these Terms and Conditions. No correspondence will be entertained.
21.8. The Site reserves the right to cancel the Contest at any time due to unforeseen circumstances, sovereign laws and regulations.
21.9. No warranty or guarantee is given by the Site in relation to any of the prizes and to the fullest extent permitted by law, the Site, its agents and trading partners will not be liable for any loss or damage whatsoever which is suffered or sustained as a result of receipt or use of any prize awarded pursuant to this Promotion. The Site does not recommend or guarantee the performance of any contractor or other obligations of any third parties associated with the prizes and will not be liable for any damage or loss suffered as a result of a contractor or third party or any fraud committed by any contractor or third party.
21.10. During the Promotion, any request or complaint concerning the Contest and the Terms of Promotion may be sent via e-mail to email@example.com stating the participant’s name, address, e-mail address and telephone number. The participant will be contacted within a reasonable time after receipt, however the Site’s decision is final on all matters. The Site will not engage in any correspondence related to the selection of the winner.
22. Other Provisions
22.1. Nothing in or relating to this Promotion may be reproduced or published without the Site's express consent.
22.2. No rights can be derived from this Promotion or the results thereof.
22.3. The Promotion is void where the same is prohibited or restricted by any local, national, state, or any governmental laws.
22.4. If these Terms of Promotion are or become partially void, the Site and the participant will continue to be bound by the remainder of the same. The parties shall replace the void part with provisions that are valid and have legal effects that correspond with those of such void part as much as possible, taking into account the content and the purpose of these Terms of Promotion.
22.5. These Terms of Promotion will prevail over any inconsistent terms, conditions, provisions or representations contained in any other promotional materials advertising of the Promotion.
22.6. This Promotion is subject to the Malaysian Advertising Code for Alcoholic Beverages.
22.7. The participants shall not be entitled to assign any of the rights or sub-contract any of the obligations herein unless expressly provided for within this Terms of Promotion or with the express consent of the Site. The Site 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 it.
22.8. All rights and privileges herein granted to the Site 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 Promotion, the production, distribution, exhibition and/or exploitation of the Promotion and / or any product based on and / or derived from the Promotion.
22.9. This Terms of Promotion has been changed most recently on 17 June 2019.
Personal Data Protection Act Policy In Social Media Sites
This policy serves as a written notice (“Notice”) as prescribed under the Personal Data Protection Act 2010 (hereinafter referred to as the “PDPA”), to inform you that your personal data is being processed by or on behalf of Heineken Marketing Malaysia Sdn. Bhd. (“HEINEKEN Malaysia”, “our”, “us” or “we”). For the purpose of this Notice, the terms “personal data”, “sensitive personal data” and “processing” shall have the meaning prescribed in the PDPA.
We will be processing your personal data, including any additional information you may subsequently provide to us, for the purposes of contacting or communicating with you, advertising our or third party’s services, products, activities, special events or offers, to respond to your posts, submissions, comments, requests, inquiries or complaints, to request feedback from you, assessing your application to register for the use or subscription of the Website, administer your participation in contests, conduct internal activities, market surveys and trend analysis, other legitimate business activities of Heineken Marketing Malaysia Sdn. Bhd. and any other purposes as may be related to the foregoing and/or as set out in the Social Media Sites and if applicable, contest terms and conditions (“Purposes”).
In respect of the personal data collected from our brand website, it is obligatory that you supply us your personal details as required by the Promotion. If you fail to supply us such compulsory personal data, we may refuse to process your personal data for any of the Purposes.
We may disclose your personal data to our related corporations, service providers, business partners, and any governmental departments and/or agencies, regulatory and/or statutory bodies as and when required by any laws or regulations.
By “liking” our Facebook brand page, or following us on our brand’s Instagram or Twitter, or subscribing to our brand’s YouTube channel or otherwise expressing or providing a similar indication of your interest in us in other Social Media Sites, you hereby agree that you have read this Notice and consent to our collection and further processing of your personal data in the respective Social Media Sites in the manner as specified in this Notice. Unless you have asked us not to, we will contact you by posting, messaging or emailing you with any offer or promotions in relation to our upcoming events, products and services. If you do not wish to receive any of these offers or promotions, access and request for correction of your personal data, to limit the processing of your personal data, or to contact us with any enquiries or complaints in respect of your personal data as follows please send us an email to firstname.lastname@example.org.
You are responsible for ensuring that the personal data we collect is accurate, complete, not misleading and kept up to date.
This Notice shall be drafted in English as well as in Bahasa Malaysia. In the event of any inconsistency between the English version and the Bahasa Malaysia version of this notice, the English version shall prevail over the Bahasa Malaysia version.