SECTION B
General Terms and Conditions
1. General
(a) The TERMS AND CONDITIONS shall apply to the Event organized by Organizer. Participation in the Event shall constitute acceptance of the TERMS AND CONDITIONS and any amendments thereof.
(b) The Event is in no way sponsored, endorsed or administered by, or associated with Third Party Event Platform. Any questions, comments or complaints regarding the Event should be directed to Organizer, not Third Party Event Platform.
(c) Non-compliance with or breach of any of the TERMS AND CONDITIONS may disqualify the participants and any prize won may be forfeited, withheld, withdrawn or reclaimed at Organizer’s sole discretion and without any liability to participants.
(d) Entry to the Event commences on Event Commencement Date and closes on Event Closing Date (“Event Period”). Organizer reserves the rights to amend the Event Period at any time without prior notice to any party.
2. Eligibility
(a) The Event is only open to the Eligible Participants as set out in Section A of the TERMS AND CONDITIONS and no one else.
(b) Participants must comply with all the criteria and mechanics governing the participation in the Event as set out in Section A of the TERMS AND CONDITIONS.
(c) Incomplete information provided, failure to provide true and accurate information, failure to submit proof of identification upon collection of the Prize (if so required) or failure to comply with the criteria and mechanics governing the participation in the Event as set out in Section A of the TERMS AND CONDITIONS, will automatically disqualify the participants.
(d) Organizer shall have the sole discretion to determine the eligibility of the participants and shall have the right to disqualify any ineligible participant without giving any reason thereof and without any liability to participants.
3. Multiple Entries
Unless otherwise stated in Section A of the TERMS AND CONDITIONS, no participant may submit entry to the Event more than once. Each eligible participant is only entitled to submit one (1) entry for the Event. In the event of multiple entries, Organizer reserves the right at its sole and absolute discretion without notice to the participants either to disqualify the participant, or to use any of the submission of the participant to qualify for the entry to the Event. In such an event, no further correspondence or appeal will be entertained under any circumstances.
4. Materials
(a) Participants and winners warrant that they own all the intellectual property rights in all photos, drawings, texts and/or any other contents, information or materials (collectively “Materials”) and the Materials do not infringe any person’s intellectual property rights, as at the submission date of the Materials to Organizer. By submitting the Materials for the Event, participants hereby agree that – (i) all the Materials shall become the sole and exclusive property of Organizer; (ii) participants shall assign or otherwise transfer all intellectual property rights in the Materials to Organizer such that the ownership thereof vests in Organizer. Where some intellectual property rights may not be legally assignable or transferable, participants shall grant to Organizer an exclusive, world-wide, irrevocable, sub-licensable, perpetual and royalty-free license for the use of the Materials; and (iii) Organizer shall have no obligation to preserve, return, or otherwise make available the Materials to participants, winners or any other party.
(b) Organizer shall have the right to (and Organizer shall have the right at its absolute discretion to grant Organizer Group (as defined below) the right to) use, reproduce, edit, display, transmit, prepare derivative works of, modify, publish, advertise display, exhibit and/or otherwise make use of Materials in any and all media, whether now or hereafter, throughout the world and for any purpose at the absolute discretion of Organizer, without notice and compensation to participants, winners or any other party.
5. Prize
(a) Winners will be determined by Organizer based on the criteria as set out in Section A at the absolute discretion of the Organizer. Each winner is only entitled to one (1) Prize as determined by Organizer at the absolute discretion of the Organizer. Failure to submit the Deliverables to Organizer within a reasonable time as determined by the Organizer or failure to grant the Consent will automatically disqualify (i) the winners; and (ii) the winner’s right to redeem the Prize.
(b) The Prize is subject to (i) terms and conditions as may be imposed by Organizer; and (ii) any other terms and conditions as may be imposed by the relevant partner/organization providing or sponsoring the Prize (“Prize Ts&Cs”). By accepting the Prize, the winners hereby agree to be bound by such Prize Ts&Cs.
(c) The winners shall not directly or indirectly resell, attempt to resell and/or allow the resale of the Prize in any manner whatsoever. A breach of this term shall constitute a material breach and shall entitle Organizer to immediately withdraw or reclaim the Prize upon notice and without any liability to Organizer.
(d) The Prize, or any part thereof, are strictly not transferable or exchangeable for cash, any other item or benefit.
(e) Organizer reserves the right, at any time in its sole and absolute discretion, to substitute, withdraw, add to, replace or alter the Prize or any part thereof without prior notice or reason to any party or assuming any liability to any party.
(f) Each Prize is used at the sole risk of the winners. Winners hereby acknowledge that winners will receive an aesthetic treatment (“Treatment”) from a licensed physician (“Physician”) as the Prize. Subject to the Physician’s satisfactory review of all applicable and required disclosures provided by winners to the Physician, winners shall provide the Physician with his/her express informed consent regarding the Treatment prior to receiving the Treatment, with full agreement and acknowledgment of risks associated with such Treatment and which the winners agree and acknowledge that the Physician has explained or will explain to her/him such Treatment, and winners have had the opportunity to have all his/her questions answered to his/her satisfaction. Winners further agree and acknowledge that winner shall have no claims against the Organiser in relation to the risks associated with such Treatment, unless such risks are solely arising out of the proven gross negligence of the Physician, in which case, winners agree that the winners shall look to the Physician solely regarding responsibility for such risks.
6. Notification on Prize Redemption
(a) The winners will be notified by Organizer by emails (“Notification”) within thirty (30) days following the Event Closing Date. Organizer shall not be responsible or be liable for any late, lost, misdirected or unsuccessful efforts to notify the winners. Winners shall redeem the Prize in accordance with the Prize Redemption as set out in Section A and/or instructions given by the Organizer in the Notification.
(b) In the event a winner fails to respond to Organizer in accordance with the Notification within five (5) days after the Notification is being sent to the winner or winner fails to redeem the Prize within the time period specified in the Notification, such winner shall be deemed to have relinquished his/her entitlement to the Prize. In such an event, no further correspondence or appeal will be entertained under any circumstances and Organizer will choose another winner at its absolute discretion as a replacement.
(c) Winner who is deemed to have waived his/her claim to the Prize hereby releases and forever discharges, all and/or any actions, claims, rights and demands that he/she may have against Organizer and shall not be entitled to any compensation from Organizer.
7. Publicity
Organizer Group may undertake publicity activities relating to the Event and Prize awards. Winners therefore agree to the use of their name, photograph, likeness, image and/or region of residence in any post-prize-winning publicity in accordance with Organizer’s privacy policy:
https://www.merz.com//app/uploads/2019/06/merz_privacy_policy.pdf. (“Organizer’s Privacy Policy”).
8. Others
(a) All visuals relating to the Event or the Prize are for illustration purposes only.
(b) Organizer’s decisions on the Event and the winners shall be final and no correspondence or appeal to Organizer will be entertained under any circumstances. In the event of a dispute, any individual’s entitlement to participate in the Event and any participant’s entitlement to the Prize shall be subject to the sole discretion and final determination of Organizer.
(c) Organizer reserves the right at its sole discretion to add, suspend, terminate, change, modify, replace, amend or cancel the Event or any of the TERMS AND CONDITIONS, in whole or in part as it deems fit at any time and without notice or liability to any party. Any changes relating to the Event may be posted within the Event’s platform or Third Party Event Platform during the Event Period and Organizer shall not be liable to any party for any losses or damages suffered or may be suffered by any party either directly or indirectly as a consequence hereof.
(d) It shall be at Organizer’s sole discretion to determine if any of the TERMS AND CONDITIONS have been breached by any participant or winner. The decision of Organizer in this regard is final and conclusive.
(e) By participating in the Event, participants and/or winners hereby agree to defend, release, discharge and/or hold harmless Organizer, its directors, officers, employees, parent companies, subsidiaries, related corporations, affiliates, authorized representatives, agents, partners, third party service providers and/or any other persons or entities working for it or on its behalf (collectively “Organizer Group”) from any and all losses, damages, costs and expenses (including legal fees on an indemnity basis), demands, causes of action, claims, actions or liabilities of any nature whatsoever, whether known or unknown at the present time, whether directly or indirectly, in connection with:-
(i) any defects, quality, merchantability or any other aspect of the Prize;
(ii) any acts or defaults of the sponsor, issuer, merchant and/or suppliers of the Prize;
(iii) participants’ and/or winners’ breach or violation of any laws, regulations or the TERMS AND CONDITIONS, which shall include but not limited to any claims of infringement resulting hereof;
(iv) any accidents, theft, loss of life, injury to person, lost parcels, lost profits, revenue, business or anticipated savings, loss or damage to property and/or any other loss or liability suffered by the participants, winners and/or his or her companion as a result of or in connection with his or her participation in the Event, or resulting from the award, delivery, acceptance, redemption, use or enjoyment of the Prize; and/or
(v) any tax liabilities in relation to the Event, Prize and/or use or enjoyment of the same.
Organizer shall have the right (but not obligated) at any time to assume the defense against any claim and all negotiations for settlement and compromise. Participants and winners agree to cooperate with Organizer in such defense, if any. This provision is binding on participants and/or winners, their spouse, their children, legal representatives, heirs, successors and assigns.
(f) Failure by Organizer to enforce or perform any one of the TERMS AND CONDITIONS in any instance(s) shall not give rise to any claim or right of action by any participant or winner, nor shall it be deemed to be a waiver of any of Organizer’s rights in relation to the same.
(g) The TERMS AND CONDITIONS shall be governed by and construed in accordance with the laws of Singapore and the Contracts (Rights of Third Parties) Act. (Cap. 53B) shall be expressly excluded from the application hereto. The parties agree to be bound by the exclusive jurisdiction of the courts of Singapore.
9. Use of Personal Data
(a) By participating in the Event, participants and/or winners expressly authorize and consent to Organizer Group to collect, use, retain, process, disclose and/or transfer (including any transfer across national borders to overseas Organizer Group) the participant(s)’ and/or winner(s)’ personal data without compensation to participant(s)’ and/or winner(s)’ in accordance with the manner set out in Organizer’s Privacy Policy for the purposes of:-
(i) conducting and administering the Event and/or the Prize, including sending information to, or contacting participants and/or winners on all matters pertaining to the Event and/or the Prize;
(ii) publicity and/or use in advertisement relating to the Organizer Group, Event, Prize awards and/or products of Organizer Group;
(iii) managing your relationship with Organizer in relation to the Event; and/or
(iv) promotional and marketing purposes to the extent participants have opted in for such purpose.
(b) Participants and/or winners also acknowledge and agree that the consent here does not affect any other consent which participants and/or winners may have already given to Organizer Group and their rights at law in respect of their personal data.
