“BEAUTIFUL RAYA” Contest Terms & Conditions
Prior to the participation in this contest, it’s advisable for you to take several minutes to read the following Terms & Conditions and ensure that you are completely aware of the Terms & Conditions. They are unconditionally and irrevocably binding on all contestants.
Contestants may/are also be subject to further Terms & Conditions as specified by our contest partners. Partners as per this Terms & Conditions are defined as:
TC EURO CARS SDN BHD, PARKSON CORPORATION SDN BHD, JADE ESERVICES MALAYSIA SDN BHD, FASHIONVALET SDN BHD, CITY PROPERTIES SDN BHD, SIME DARBY CAPITALAND (MELAWATI MALL) SDN BHD and PANASONIC MALAYSIA SDN BHD.
1.1 Entry and participation in any competition shall be deemed an unconditional and irrevocable acceptance of these T&C. All entry instructions and any other specific details relating to the competition or the prizes form part of these T&C (but in the event of any conflict or inconsistency, these T&C shall prevail).
1.2 These Terms and Conditions (”T&C”) shall be binding on all persons entering this “BEAUTIFUL RAYA “(“contest (s)”), including their guests if applicable, (”Participant(s)”) operated by Mellooi Creation Sdn Bhd (“Mellooi”), its sponsor(s) or any company, owned or controlled (directly or indirectly) by Mellooi from time to time.
1.3 All decisions of Mellooi in any matter under these T&C shall be final and no discussion or correspondence will be entertained.
1.4 A failure by Mellooi to enforce any of these T&C in any instances will not give rise to any claim by any person.
1.5. Mellooi reserves the right to amend these rules at any time at its sole and absolute discretion.
1.6 The Participant has made certain representations and warranties to Mellooi (both in these T&C and otherwise) in applying for a place on the Contest. Mellooi has relied on the accuracy and truth of such representations and warranties in granting a place to the Participant. Should Mellooi or its agents become aware of any fraud, deceit or similar action undertaken in connection with the Contest or otherwise, or any act or omission which might have (in Mellooi’s opinion, which shall be final) an adverse effect on the Contest, Mellooi reserves the right to forfeit the Participant’s place in the Contest (without giving any reason and without notice).
1.7 The Participant agrees to co-operate with and comply with all reasonable requests of Mellooi and its agents and employees (and in particular the health and safety team) in connection with the Contest and its broadcast.
2. Eligibility to enter Contest
Unless otherwise specified, individuals who enter in any of our Contest:
2.1 All Participants MUST be 18 years and above at the time they entered the contest and citizen of Malaysia and/or permanent residents of Malaysia and, if requested by Mellooi, shall provide evidence of the same.
All participants shall collect the prize rewards within stipulated valid period. Participants may submit multiple entries, however, entries with the same IC number will be considered as ONE entry.
Entries found to be fraudulent and/or incomplete will automatically be disqualified.
3. The Contest
3.1 The interests and good reputation of Mellooi and its partners are paramount and Mellooi may, at its sole discretion, withdraw a place or require a Participant to cease to have any involvement in the Contest and if it believes it is in the best interests of Mellooi to do so. In particular (without limitation), Mellooi reserves the right to immediately withdraw a Participant’s place in the Contest or the Prize if it believes the Participant to be in breach of any of its obligations, or representations and warranties, under these T&C or otherwise conducts himself/herself in a manner which is inappropriate or unsuitable (in the discretion of Mellooi). The Participant shall be responsible for any additional costs in this respect (including the costs of the Participant’s early return back to the country, if necessary).
3.2 Mellooi will not be legally bound by any act /omission of the contestant which might bring Mellooi into disrepute.
3.3 A copy of the T&C must be signed and endorsed by the Participant who wins a Contest upon request by Mellooi.
3.4 The Participant represents and warrants that s/he does not have any criminal convictions or criminal record and has not undertaken any past act or conduct which could affect the reputation of the Contest or Mellooi.
3.5 The Participant will comply with the instructions and directions of Mellooi (failure to do so may lead to immediate disqualification, at Mellooi’s direction).
3.6 Incomplete or indecipherable entries will be void (in Mellooi’s absolute discretion).
3.7 Mellooi does not accept responsibility for entries lost, damaged or delayed in transit to the competition address. Proof of posting will not be accepted as proof of receipt (nor will proof that an e-mail has been sent rather than received).
3.8 All entries send via the internet are at the risk of the Participant and in the event there are any technical difficulties experienced arising out of the internet or from any associated equipment or internet security is compromised, Mellooi may at its absolute discretion disqualify the entire entry and shall not accept any liability in doing so.
3.11 Source material utilised by Mellooi question compilers shall be taken as correct.
3.12 Late entries will not be entertained or accepted (unless stated otherwise by Mellooi).
3.13 In the case of a prize draw, the first valid and truthful entry drawn (as per this terms & conditions) will be the winner.
3.14 Decisions of judges are deemed final and conclusive. No appeal thereafter will be entertained.
3.15 Mellooi has the exclusive right, to withdraw a contest with immediate effect by on announcement on the contest website without any liability in respect thereof.
3.16 Assuming a valid claim has already been made, Mellooi reserves the right to offer an alternative prize at some other time and/or some other destination of equivalent value, which may be accepted instead by the Participant. If such alternative prize is not accepted (or not made) the Participant shall have no claim against Mellooi in respect of the cancellation or delay of the Contest or prize. Any expense or financial losses or damage whatsoever incurred as a result thereof will not be reimbursed by Mellooi.
4. Claims to Prizes
4.1 In order to enable Mellooi to correctly identify genuine claims and to eliminate non-genuine, deceitful or fraudulent claims, Mellooi reserves the right to carry out an interview (by telephone or in person with a Participant and to tape record the interview). If a Participant refuses to participate in or answer all questions raised in such an interview without good reason then the Participant’s claim to the prize will be treated as invalid.
4.2 If Mellooi becomes aware of any fraud, deceit or similar action during or in relation to the contest which relates in any way to a claim, then that claim will not be met unless it is proven to the satisfaction of Mellooi, that the Participant had no actual or imputed knowledge of the same. For the avoidance of doubt (and without limitation), if a Participant provides an incorrect name, age, contact number, address or other incorrect information in relation to the entry, then Mellooi reserves the absolute right to treat that entry as invalid (whether or not such information comes to light before or after the Participant has made the claim). If the fraud, deceit or other action is only discovered after the prize has been released, the Participant undertakes to return the same (or provide compensation) to Mellooi forthwith upon discovery by Mellooi.
5.1 Prize Collection must be done in person on at a to be announced location.
The participation in a key-giving event is mandatory for the main prize winner (winner of the Renault Captur) and a no-show shall result in disqualification. In the event of a no-show, Mellooi reserves the right to reselect another winner.
The main prize winner also has to comply with and accept the following terms prior to taking possession of the grand prize. Shall he/she not comply, Mellooi reserves the right to reselect another winner:
a) Winner has to settles the ownership fee including but not limited to the hire purchase ownership claim, registration fee, road tax, handling fee, insurance and other related costs and expenses for the Prize Vehicle.
b) Winner is responsible for the payment of additional costs and expenses in the event the Prize Vehicle is required to be registered in East Malaysia and to be shipped to the winning contestant of the Contest who resides in East Malaysia;
c) Winner for the Renault Captur need to have valid driving license.
d) Vehicle on display or in communications may differ from actual.
e) Prize vehicle as-is and cannot be exchange.
5.2 In special situations, and subject to the prior authorization of Mellooi, a winner may nominate a designated representative in writing to collect their prize. A copy of IC for both the winners and their representative will be required at the time of collection.
5.3 Consolation Prizes (if applicable) must be collected within 3 month from the date of notification. Prizes not collected within the stipulated period will be forfeited. Mellooi shall not be obliged to notify winners of the collection dateline. It is the sole responsibility of the Winners to collect their prize. Mellooi or the prize sponsor shall have NO liability to the Winner in any respect whatsoever. Mellooi however may –at it’s own discretion- opt to deliver prices via courier to an address to be confirmed by the winners in writing. If for whatever reason the prize can not be delivered to the provided address, Mellooi has the right to forfeit the prize.
5.4 All prizes are non-transferable to a third party and is not exchangeable for cash consideration. In the event that the prize is unavailable, Mellooi may, in its sole discretion, substitute a reasonable replacement for any of the prizes at any time at the time.
5.5 If a Winner chooses not to accept a Prize, they forfeit any and all claims to that Prize, which will be dealt with according to the absolute discretion of Mellooi.
5.6 Mellooi reserves the right to substitute or replace any prize with one of equal retail value. No complaints will be entertained on such matters.
5.7 Winners are solely responsible for all taxes or expenses payable as a result of a Prize being awarded or received.
5.8 Mellooi will not entertain any complaints on the quality and quantity of the prizes after handing the prize over to a winner.
5.9 All Winners may be required by Mellooi /prize sponsor to participate in interviews, photo or video sessions and acknowledge that Mellooi /prize sponsor has the right to use such interviews, publicity photos and videos in any reasonable manner it sees fit, without payment of any compensation.
5.10 Mellooi is not subject to any liability or guarantee arising out of the use of the awarded prizes. Mellooi is not liable in any way for any costs, damages, loses, injuries suffered by winner.
6.1 The Participants undertake not at any time to disclose, reveal, communicate or otherwise make public any information relating to Mellooi, its business, personnel, servants, agents, partmers or officers to anyone.
7.1 Winners must as a condition of the prize participate in all required publicity.
7.2 The Participant shall not without the specific prior written consent of Mellooi publish or disclose any information in connection with the Competition or the Prize (in particular, without limitation, to a representative of the media, in whatever form).
7.3 The Participant shall not be entitled to give interviews or be involved in articles or reports in respect of the Competition or the Prize with any third party. All rights in relation to the Competition and the Participant’s involvement therein shall vest exclusively with Mellooi.
7.4 The Participant agrees to undertake as requested by Mellooi all interviews, Contest and other activities and to the reproduction publication exhibition transmission and broadcast by all means and media throughout the world at the discretion of Mellooi in perpetuity.
7.5 The Participant hereby grants and assigns to Mellooi (to the extent that it is has the rights to grant the same) the entire copyright and other intellectual property rights in the Contest and his/her involvement in the Contest (including, without limitation, all interviews, pictures, audio, audio-visual, whether the Participant’s appearance is featured or incidental) in all media and technology (the “Products”), and where such Products are not in existence at the date of this Agreement, by way of present assignment of future assignment. This assignment shall include the right for Mellooi to amend or otherwise adapt such Products and/or use such Products in conjunction with any other material and to use, distribute and/or broadcast such products in all media and all formats (including transmission by way of analogue transmission, digital audio broadcasting, internet, satellite, television, film, cable or telephone) and to licence any other persons to do so, in each case for such purposes as Mellooi may in its absolute discretion determine.
7.6 Without limitation to any other rights under this Agreement, Mellooi shall be entitled to refer to the Participant’s association with the Contest and the Prize in all publicity, marketing and Competition material in connection therewith.
8. Intellectual Property
8.1 In the case of contest which require Participants to submit audio recordings, visuals, etc. Participants grant to Mellooi the unconditional and irrevocable right to broadcast the media/content submitted by Participants by live or deferred transmission in all formats (including, without limitation, analogue, digital, internet, cable, satellite and telephony broadcasts). This shall include the right to alter, edit and compile the media/content in any way whatsoever. Participants confirm that the use by Mellooi of the media/content submitted will not infringe any third party rights and shall indemnify Mellooi for any loss, damage or liability arising in connection therewith.
8.2 Participants who submit content/media represent and warrant that they have the right, power and authority to grant the rights set out above and that they have obtained all consents and permissions in respect of the same.
8.3 For the avoidance of doubt, all rights in the name and title of the Contest and the format rights for the Contest will vest exclusively in Mellooi for its own use (in its absolute discretion).
8.4 Intellectual Property Rights [IPR] (eg. corporate image, logo, phrases and specific product images) of any partner are not to be used, duplicated, provided, broadcasted, published, transmitted (electronic and/or printed media) without proper written consent of the IPR owner. All IPR provided and used in this contest is to be used only for the promotion and publicity of this contest.
9. Mellooi and partners – exclusion of liability
9.1 Mellooi and partners are not liable in any way for any costs, expenses, damages, liability or injury arising out of or in any way connected with the competition or prizes other than those costs and expenses specifically provided for in the prize (if any).
9.2 Mellooi and partners accept no liability (and excludes all liability) for any loss of profit, business, contracts, revenues or anticipated savings or for special, direct, indirect or consequential loss of any nature howsoever arising.
9.3 Mellooi and partners shall not be liable to perform any of its obligations under the competition or in respect of the prizes where it is unable to do so as a result of circumstances beyond its control and shall not be liable to compensate Participants in such circumstances.
10.1 The Participant undertakes the Contest at their own risk and agrees to indemnify Mellooi and its partner’s and employees against all costs, losses, damages, expenses and liabilities (including for loss of reputation and goodwill and professional advisors fees) and any claim arising from the Participant’s own actions in any way in connection with the Contest, the Prize or a breach of the Participant’s obligations hereunder.
10.2 There is no fee payable to the Participant in respect of his/her involvement in the Contest.
10.3 The Participant is obliged to take all reasonable steps to ensure the safety standards and the general appropriateness of activities undertaken during the Contest and acknowledges that all activities are undertaken at his/her own risk.
10.4 Mellooi and partners are not liable in any way for any costs, expenses, damages, liability or injury arising out of or in any way connected with the Contest. This limitation does not exclude any liability for negligence by Mellooi or death or personal injury arising out of such negligence.
10.5 Mellooi reserves the right to forfeit a Participant’s place in the Contest or the Prize (without liability or compensation) if, in its opinion, the Participant may expose himself/herself or others to risk of illness or injury or to the cancellation, disruption, or curtailment of the Contest.
10.6 Mellooi will exercise reasonable efforts to be responsible in collecting personal information and protect your privacy. However, Participants acknowledge that the internet is not a secure medium and information submitted to contest hosted on websites owned or controlled by Mellooi may be accessed by third parties. In the case of such an event, Participants agree to indemnify Mellooi and partners against any costs, expenses, damages, liability or injury arising out of or in any way connected with the Contest.
10.7 These T&C shall be governed and construed in accordance with Malaysian Law.
10.8 These T&C represent the entire agreement between the parties relating to the Contest or the Prize (unless otherwise expressly confirmed in writing by Mellooi) and supersede all prior representations, agreements, negotiations or understandings (whether oral or in writing). Except as specifically set out herein, all conditions, warranties and representations expressed or implied by law are excluded. For the avoidance of doubt, no information of any nature about the Contest or the Prize or any of these T&C should be relied upon unless confirmed in writing by Mellooi. The invalidity, illegality, or unenforceability of the whole or part of a T&C or Condition does not affect or impair the continuation in force of the remainder of the T&C.
10.9 The failure to exercise or delay in exercising a right or remedy provided hereunder or by law does not constitute a waiver of the right or remedy or waiver of other rights or remedies. These T&C shall be governed by and interpreted in accordance with Malaysian law and the parties irrevocably submit to the exclusive jurisdiction of the Malaysian courts.
10.10 These T&C are not intended to nor shall create any rights, entitlements, claims or benefits enforceable by any person that is not a party to them. Accordingly no person shall derive any benefit or have any right, entitlement or claim in relation to this Agreement by virtue of the Contracts.