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Page 1 of 13 PERADUAN NESTLÉ GAJI SEUMUR HIDUP TERMS AND CONDITIONS Schedule to Conditions of Entry 1. Organiser: Nestlé Products Sdn. Bhd. [197901000966]. 2. Promotion: PERADUAN NESTLÉ GAJI SEUMUR HIDUP. 3. Promotion Period: The Promotion starts at 00:00:00 on 14/02/2020 and closes at 23:59:59 on 30/04/2020. 4. Eligibility: The Promotion is open to all Malaysian citizens residing in Malaysia aged 18 years and above as at the start of the Promotion Period. The Organiser shall reserve the right to request for evidence of identification documents. 5. Entry Method: a. To participate in the Promotion, purchase a minimum of Ringgit Malaysia Fifteen [RM15] of any participating NESTLÉ products [“Products”] in a single printed receipt OR, b. Purchase a minimum of one [1] ‘MILO Makan Kombo’ meal-set worth RM19.90 in a single printed receipt from any McDonalds. c. Exclusive at 99Speedmart : For participants with purchases from any 99Speedmart outlets will also stand a chance to win additional prizes. d. Exclusive at LAZADA : For participants with online purchases from LAZADA will also stand a chance to win additional prizes. e. Please refer to the Proof of Purchase Table shown on the Promotion Form [“Form”] and on the Promotion website: https://www.dearnestle.com.my/event-and-happening/peraduan- gaji-seumur-hidup [“Website”] for the Product brand logos which are eligible for the Promotion. The Forms are available at the participating outlets and the Website. f. All STARBUCKS, NESPRESSO, NESTLÉ PROFESSIONAL, NESTLÉ HEALTH SCIENCE, NESTLE INFANT MILK FORMULA AND FOLLOW UP FORMULA, WYETH & PURINA PETCARE products are not participating in the Promotion. The receipts stated under 5 (a) and 5 (b) above (“Receipt”) can come in the form of e-receipts for online purchases and printed receipts from Point of Sale systems. The Receipt must bear the receipt number and name and/or logo of the outlet and at which the purchase was made. If this is absent, the Receipt needs to be stamped with the official

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Page 1: PERADUAN NESTLÉ GAJI SEUMUR HIDUP TERMS AND … · 2020-06-16 · Round Finalists shall be forfeited by the Organiser. f. The Round Finalist’s right to participant in the Challenge

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PERADUAN NESTLÉ GAJI SEUMUR HIDUP

TERMS AND CONDITIONS

Schedule to Conditions of Entry

1. Organiser: Nestlé Products Sdn. Bhd. [197901000966].

2. Promotion: PERADUAN NESTLÉ GAJI SEUMUR HIDUP.

3. Promotion Period:

The Promotion starts at 00:00:00 on 14/02/2020 and closes at 23:59:59

on 30/04/2020.

4. Eligibility: The Promotion is open to all Malaysian citizens residing in Malaysia aged 18 years and above as at the start of the Promotion Period. The Organiser shall reserve the right to request for evidence of identification documents.

5. Entry Method:

a. To participate in the Promotion, purchase a minimum of Ringgit Malaysia Fifteen [RM15] of any participating NESTLÉ products [“Products”] in a single printed receipt OR,

b. Purchase a minimum of one [1] ‘MILO Makan Kombo’ meal-set worth RM19.90 in a single printed receipt from any McDonalds.

c. Exclusive at 99Speedmart: For participants with purchases from any 99Speedmart outlets will also stand a chance to win additional prizes.

d. Exclusive at LAZADA: For participants with online purchases from LAZADA will also stand a chance to win additional prizes.

e. Please refer to the Proof of Purchase Table shown on the Promotion Form [“Form”] and on the Promotion website: https://www.dearnestle.com.my/event-and-happening/peraduan-gaji-seumur-hidup [“Website”] for the Product brand logos which are eligible for the Promotion. The Forms are available at the participating outlets and the Website.

f. All STARBUCKS, NESPRESSO, NESTLÉ PROFESSIONAL, NESTLÉ HEALTH SCIENCE, NESTLE INFANT MILK FORMULA AND FOLLOW UP FORMULA, WYETH & PURINA PETCARE products are not participating in the Promotion.

The receipts stated under 5 (a) and 5 (b) above (“Receipt”) can come in the form of e-receipts for online purchases and printed receipts from Point of Sale systems. The Receipt must bear the receipt number and name and/or logo of the outlet and at which the purchase was made.

If this is absent, the Receipt needs to be stamped with the official

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company stamp of the outlet at which the purchase is made.

E-receipts for online purchases with promotion codes and/or discount vouchers, the FINAL PAID amount must be RM15.00 and above to qualify.

g. For every entry submitted you must attach the original Receipt as the proof of purchase [“POP”] and answer one [1] question shown on the Form.

h. There are two [2] methods of participation in the Promotion which is either via postal OR via WhatsApp. All other methods of submission including courier service, or POS Laju will be disqualified. Each POP is ONLY eligible to one [1] entry EITHER via postal OR WhatsApp.

i. The Organiser shall reserve the right to disqualify any postal and/or WhatsApp entries with duplicated POP and/or containing more than one [1] POP.

Participation via postal: Complete each Form with the required details of full name, MyKad number, address, contact number and correct answer to one [1] question [“Postal Entry”]. The completed Postal Entry together with one [1] original POP must be inserted in an envelope and posted by ordinary mail only to the PO Box address stated in the Form.

Participation via WhatsApp: Write on the POP, your full name, MyKad number and the correct answer to the one [1] question [“Personal Details”]. Snap one [1] picture of the POP complete with the Personal Details, outlet name, date of purchase and purchase amount [“WhatsApp Entry”]. Submit the WhatsApp Entry via WhatsApp to 013-2322168. The Organiser WILL NOT send an acknowledgment report for WhatsApp entries received.

j. For WhatsApp Entries received, the Organiser shall reserve the right to request for evidence of the hardcopy POP for verification and prize redemption. Failure to produce the hard copy of the POP upon request will result in disqualification and prize forfeiture.

6. Entry Deadline:

All Promotion entries must be received by the Organiser on or before 23:59:59 on 30/04/2020. All Promotion entries received outside the Promotion Period will be automatically disqualified.

7. Weekly Prizes:

a. There are fifty [50] weekly prizes of RM500 cash [“Weekly Prize”] to be won for each week for eleven [11] consecutive weeks.

b. There is a total of five hundred and fifty [550] Weekly Prizes to be won throughout the Promotion Period.

c. The eleven [11] weekly periods are as per below: Week 1: 14/02 – 20/02/2020 Week 2: 21/02 – 27/02/2020 Week 3: 28/02 – 05/03/2020 Week 4: 06/03 – 12/03/2020 Week 5: 13/03 – 19/03/2020 Week 6: 20/03 – 26/03/2020 Week 7: 27/03 – 02/04/2020 Week 8: 03/04 – 09/04/2020 Week 9: 10/04 – 16/04/2020 Week 10: 17/04 – 23/04/2020 Week 11: 24/04 – 30/04/2020

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8. Weekly Prizes Judging Details:

a. As part of the Weekly Prize winners’ selection process, the Organiser will allocate serial numbers for each Postal Entry and WhatsApp Entry received and approved by the Organiser to be a successful entry each week, throughout the Promotion Period according to the POP submitted [each a “Qualified Entry” and collectively the “Qualified Entries”].

Each Qualified Entry with Receipt stated under 5 (a) above will be allocated one [1] serial number for every Ringgit Malaysia Fifteen RM15.00 purchased.

Each Qualified Entry with Receipt stated under 5 (b) above will be allocated one [1] serial number for every ‘MILO Makan Kombo’ meal-set purchased.

b. A set of serial numbers will be allocated for the Qualified Entries starting from serial number “1”.

c. Each week 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 for the week is 2710, the Organiser will compute and select the finalists [“Finalist”] based on the following:

Selection of fifty [50] Week 1 Weekly Prize Finalist: 2710 ÷ 50 = 54.20. Since dividing 2710 with 50 will result in a number with decimal value, the number 54.20 will be rounded down to 54. The following 50 Participants with Qualified Entries of the week bearing the following serial numbers will be selected as the Finalists: 54*, 108*, 162*, 216, 270, 324, 378, 432, 486, 540, 594 and so forth. [*computation example: 54, 54+54=108, 108+54=162].

9. Round 1 & 2 Prizes:

a. There is one [1] Grand Prize and five [5] Consolation Prizes to be won for each Round for two [2] consecutive Rounds.

b. There is a total of two [2] Grand Prizes and ten [10] Consolation Prizes to be won throughout the Promotion Period.

c. The two [2] Round periods are as per below: Round 1: 14/02/2020 – 12/03/2020 Round 2: 13/03/2020 – 30/04/2020

d. A total of six [6] Participants [“Finalists” and each a “Finalist”] will be selected and invited to participate in the NESTLÉ Final Challenge 2020 [“Challenge”] for each Round to determine the value of Prizes won by each Finalist.

10. Grand Prizes: a. The Grand Prize of (i) a MONTHLY cash payment of RM3,000 to be paid up to a maximum of thirty five [35] years [four hundred and twenty [420] months] OR until the demise of the Winner, whichever is earlier; and (ii) a lump sum payment of RM500,000 to the Winner upon completion of the thirty five [35] years [four hundred and twenty [420] months] period or the Winner’s named beneficiary upon the demise of the Winner.

b. The details and requirements of the Grand Prize fulfilment will be disclosed to the Winner upon the conclusion of each Challenge and the Grand Prize Winner is proclaimed.

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c. The Organiser reserves the right to appoint any 3rd party agent to undertake the fulfillment of the Prizes under the Promotion (including without limitation, insurance companies, financial institutions and/or trust companies) [“Agents”]. For this purpose, the Winner must execute appropriate documents with the Agent in such form and manner as may be required by the Agent. All Prizes administered through the Agent will be taken by the Winner subject to the terms and conditions of the Agent.

d. The Grand Prize is strictly non-redeemable by the Winner other than in accordance with the terms herein. The Organiser reserves the right to cancel, stop and/or forfeit the payout of the Grand Prize to any Winner who does not meet the terms herein.

11. Consolation Prizes:

a. The Consolation Prize of RM36,000 cash prize each.

12. Judging Details –Round 1& 2 Prizes:

a. To select the Finalists for each Round, ALL Qualified Entries collected and processed by the Organiser during the weekly winners’ selection process and throughout each Round will separately be allocated a set of serial numbers starting from serial number “1”.

b. Each Round the serial numbers allocated to each Qualified Entry will be tabulated and added up to derive the total number of Qualified Entries [“Total Round Qualified Entries”]. Assuming that the Total Round Qualified Entries for the Round 1 is 88888, the Organiser will compute and select based on the following:

Selection of six [6] Round 1 Finalists: 88888 ÷ 6 = 14814.66. Since dividing 88888 with 6 will result in a number with decimal value, the number 14814.66 will be rounded down to 14814. The following 6 Participants with Qualified Entries bearing the following serial numbers will be selected as the Finalists: 14814*, 29628*, 44442*, 59256, 74070 and 88884 [*computation example: 14814, 14814+14814=29628, 29628+14814= 44442].

13. 99Speedmart Prizes

a. There is a total of ten [10] Prizes to be won throughout the Contest Period. [“99Speedmart Prize”].

b. Each 99Speedmart Prize consists of a 99-seconds shopping spree at a selected 99Speedmart outlet to collect as many as possible participating NESTLÉ products. [“99Speeedmart Shopping Spree’].

14. Judging Details – 99Speedmart Prizes:

a. To select the Finalists, ALL Qualified Entries with 99Speedmart receipts collected and processed by the Organiser during the winners’ selection process and throughout each Round will separately be allocated a set of serial numbers starting from serial number “1”.

b. At the end of the Contest Period the serial numbers allocated to each Qualified Entry will be tabulated and added up to derive the total number of Qualified Entries [“Total Round Qualified Entries”]. Assuming that the Total Round Qualified Entries is 2963, the Organiser will compute and select based on the following:

Selection of ten [10] Finalists: 2963 ÷ 10 = 296.3. Since dividing

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2963 with 10 will result in a number with decimal value, the number 296.3 will be rounded down to 296. The following 10 Participants with Qualified Entries bearing the following serial numbers will be selected as the Finalists: 296*, 592*, 888*, 1184, 1480, 1776 and so forth [*computation example: 296, 296+296=592, 592+296= 888].

15. LAZADA Prizes:

a. There is a total of two [2] Prizes to be won throughout the Contest Period. [“LAZADA Prize”].

b. Each LAZADA Prize consists of RM100 Touch ‘n Go eWallet for 12 months.

16. Judging Details – LAZADA Prizes:

a. To select the Finalists, ALL Qualified Entries with LAZADA online receipts collected and processed by the Organiser during the winners’ selection process and throughout each Round will separately be allocated a set of serial numbers starting from serial number “1”.

b. At the end of the Contest Period the serial numbers allocated to each Qualified Entry will be tabulated and added up to derive the total number of Qualified Entries [“Total Round Qualified Entries”]. Assuming that the Total Round Qualified Entries is 1889, the Organiser will compute and select based on the following:

Selection of two [2] Finalists: 1889 ÷ 2 = 944.5. Since dividing 1889 with 2 will result in a number with decimal value, the number 944.5 will be rounded down to 944. The following 2 Participants with Qualified Entries bearing the following serial numbers will be selected as the Finalists: 944* and 1888* [*computation example: 944, 944+944=1888].

17. Additional Terms:

a. The Organiser will contact all selected Weekly Prize Finalists and LAZADA Prize Finalists via the contact/mobile numbers from which the Organiser received in the Qualified Entries. 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.

b. The Organiser will contact all selected Round Prize Finalists via the contact/mobile numbers from which the Organiser received in the Qualified Entries. The selected Rounds Prize Finalists will be invited to participate in the Challenge. The Organiser will further notify the Round Finalists of the venue, date and time of the Challenge.

c. Participation by the Rounds Finalists in the Challenge 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 Challenge to the Rounds Finalists.

d. Subject to the Round Finalists’ strict adherence to the Ground Rules set by the Organiser during the Challenge, each Round Finalists must participate in the Challenge set by the Organisers to determine the Round Prizes winners.

e. Rounds Finalists who failed and/or refused to take part in the Challenge for whatever reason shall automatically be disqualified by

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the Organiser and prizes that have been allocated for the relevant Round Finalists shall be forfeited by the Organiser.

f. The Round Finalist’s right to participant in the Challenge is strictly non-transferable. Each Participant may only win one [1] Round Prize throughout the Promotion Period.

g. The Organiser will contact all selected 99Speedmart Prize Finalists via the contact/mobile numbers from which the Organiser received in the Qualified Entries. The selected 99Speedmart Prize Finalists will be invited to participate in 99Speedmart Shopping Spree. The Organiser will further notify the 99Speedmart Prize Finalists of the venue, date and time of the 99Speedmart Shopping Spree.

h. Participation by the 99Speedmart Prize Finalists in the 99Speedmart Shopping Spree 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 99Speedmart Shopping Spree to the 99Speedmart Prize Finalists.

i. Subject to the 99Speedmart Prizes Finalists’ strict adherence to the 99Speedmart Shopping Spree Rules set by the Organiser during the Shopping Spree, each 99Speedmart Prize Finalists must participate in the Shopping Spree set by the Organisers.

j. 99Speedmart Prize Finalists who failed and/or refused to take part in the 99Speedmart Shopping Spree for whatever reason shall automatically be disqualified by the Organiser and prizes that have been allocated for the relevant 99Speedmart Prize Finalists shall be forfeited by the Organiser.

k. The 99Speedmart Prize Finalist’s right to participant in the Shopping Spree is strictly non-transferable. Each Participant may only win one [1] 99Speedmart Prize throughout the Promotion Period.

l. Each Finalist may only win one [1] Weekly Prize each week and a maximum of two [2] Weekly Prizes throughout the Promotion Period. In the event if a Finalist wins two [2] or more Weekly Prizes in the same week, then the Finalist will automatically win 1 [one] Weekly Prize and the other Weekly Prize will be won by the serial number subsequent to the serial number of the repeat Finalist.

m. Each Participant may only win one [1] LAZADA Prize throughout the Promotion Period.

n. Winners of Weekly Prizes may also win the Grand Prize, Consolation Prize, 99Speedmart Prize and LAZADA Prize.

o. The Organiser will not be held liable in the event the selected Finalists cannot be contacted for whatever reasons.

p. All Prizes will be delivered to the winners within 6 – 8 weeks from 30/04/2020 to the address provided by the winners. All unclaimed prizes after the deadline 31/08/2020 will be forfeited.

q. 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.

r. All individuals and organisations commercially connected to the Organiser and each of their respective parent companies, affiliates, divisions, subsidiaries, agents, and representatives including but not limited to agents, distributors and agencies are excluded from

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participating in the Promotion.

This Schedule to Conditions of Entry must be read together with the Conditions of Entry and

Privacy Notice available https://www.dearnestle.com.my/event-and-happening/peraduan-

gaji-seumur-hidup 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”).

By participating in the Promotion, you have read and agreed to the Terms and Conditions and the processing of your Personal Data in the Privacy Notice.

Consumer Services Contact No.: 1800 88 3433.

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Conditions of Entry

1. Introduction

1.1 This Conditions of Entry are to be read together with the Schedule to Conditions of Entry. 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. The Conditions of Entry and the Schedule to Condition of Entry shall collectively be referred to as the “Terms and Conditions”. 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 Prize 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.

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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

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. Ineligibility

The following groups of persons shall not 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: (a) 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 Prize has been awarded, the Organiser reserves the right to demand for the return of the Prize or payment of its value from the disqualified Participant.

6. Prizes

6.1 The Organiser, its agents, sponsors and representatives shall have no liability to any Participant who defaults in collecting the Prizes in accordance with the Prize

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Claim/Delivery Date in any respect whatsoever. The Organiser reserves the right to determine how uncollected Prizes will be dealt with.

6.2 Prizes 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 Prize shall be the responsibility of the Winner.

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

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

(b) Travel/Holiday Prizes: If travel is offered as a Prize, flights and accommodation are subject to availability at time of booking. The Prize 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 Prize(s) are given out on an “as it is” basis. The Prize shall be used/taken entirely at the risk of the Participants and the Organiser excludes all warranties and liabilities in connection with the Prize to the fullest extent permitted by law.

6.6 Prizes 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 Prize winner, the Participant must be accompanied by their parent/legal guardian throughout the Prize 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

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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 Prize, 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 Prize 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 Prize, 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 reRoundder 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.

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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, You consent for Nestlé Products Sdn. Bhd. and any of its holding, subsidiary or related companies as defined in the Companies Act 2016 (“Nestlé Malaysia Group”) and service providers, agents and contractors who provide administrative and business support to us and act on our behalf (“Authorised Third Parties”) (collectively “Organiser”, “us”, “we” or “our") to process your personal information provided in the Promotion Entry for purposes of the Promotion. This includes disclosing your name to the general public when you become a winner in a contest or participate in our events by publishing your name, photographs and other personal information without compensation for advertising and publicity purposes.

12.2 The Organiser may also use your personal information for purposes of contacting and sending to you marketing and promotional information or materials about our products, services, samples, any promotions, events or contests organised by the Organiser. Please indicate your option on the form if you agree to the use of your personal information for this purpose.

12.3 In the event that you agree to share and disclose personal information of a person whom you intend to refer to the Organiser, you acknowledge that you have obtained the consent of that person to share and disclose his/her personal information to us and to being contacted by us.

12.4 In respect of minors or individuals not legally competent to give consent, you confirm that they have appointed you to act for them and, to consent on their behalf to the processing of their personal information in accordance with this privacy notice.

12.5 At times the Organiser may retain Authorised Third Parties to process your personal information. All such Authorised Third Parties are contractually bound to take reasonable measures to keep information secure and not to use your personal information in any way other than that which is specified here and in our privacy policy at http://www.nestle.com.my/info/privacy_policy.

12.6 The Organiser is a global company and your personal information may be transferred across borders. The Organiser will ensure that the country your data is transferred to has a similar or equivalent personal information protection laws in place, as set out in our privacy policy at http://www.nestle.com.my/info/privacy_policy.

12.7 To the extent that the applicable law allows, you have the right to request for access to, request for a copy of, request to update or correct, your personal information held by us.

All your written requests or queries should be addressed to:

Contact: Personal Data Protection Officer

Address: Nestlé Products Sdn. Bhd., 22-1, 22nd Floor, Menara Surian, No. 1, Jalan PJU 7/3, Mutiara Damansara 47810, Petaling Jaya, Selangor.

Or

Webform: https://www.nestle.com.my/contactus.

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Call us: 1-800-88-3433.

12.8 Please note the Organiser requires your personal information in order to process your participation in the Promotion, without which we will not be able to process your application.

12.9 For a more detailed description of our privacy practices, please refer to our Privacy Policy at http://www.nestle.com.my/info/privacy_policy. We reserve the right to update and amend this privacy notice or our privacy policy from time to time.

12. Notis Privasi

12.1 Dengan menyertai Promosi, anda anda telah bersetuju untuk Nestlé Products Sdn. Bhd. dan mana-mana syarikat pegangan, subsidiari atau berkaitannya sebagaimana yang ditakrifkan dalam Akta Syarikat 2016 (“Kumpulan Nestlé Malaysia”) dan pembekal-pembekal perkhidmatan, ejen-ejen dan kontraktor-kontraktor yang memberikan sokongan pentadbiran dan perniagaan kepada kami dan bertindak bagi pihak kami (“Pihak-Pihak Ketiga Lantikan”) (secara kolektif “Penganjur” atau “kami") memproses maklumat peribadi anda yang dikemukakan dalam borang penyertaan Promosi bagi tujuan Promosi. Ini termasuk mendedahkan nama anda kepada masyarakat umum apabila anda menjadi pemenang dalam sesuatu pertandingan atau menyertai acara kami dengan menerbitkan nama, gambar-gambar dan lain-lain maklumat peribadi anda tanpa pampasan untuk tujuan pengiklanan dan publisiti.

12.2 Penganjur juga boleh menggunakan maklumat peribadi anda bagi tujuan menghubungi dan menghantar maklumat atau bahan-bahan pemasaran dan Promosi mengenai produk kami, perkhidmatan, sampel, apa-apa Promosi, acara atau pertandingan yang dianjurkan oleh Penganjur. Sila nyatakan pilihan anda pada borang sekiranya anda bersetuju kepada penggunaan maklumat peribadi anda bagi tujuan ini.

12.3 Sekiranya anda bersetuju untuk berkongsi dan mendedahkan maklumat peribadi seseorang yang anda berhasrat untuk merujuk kepada Penganjur, anda mengakui bahawa anda telah mendapatkan persetujuan daripada individu tersebut untuk berkongsi dan mendedahkan maklumat peribadinya kepada kami dan untuk dihubungi oleh kami.

12.4 Berkenaan dengan golongan bawah umur atau individu-individu yang tidak layak di bawah undang-undang untuk memberi kebenaran, anda mengesahkan bahawa mereka telah melantik anda untuk bertindak bagi pihak mereka dan untuk bersetuju bagi pihak mereka kepada pemprosesan maklumat peribadi mereka selaras dengan Notis Privasi ini.

12.5 Pada masa tertentu Penganjur mungkin melantik Pihak-Pihak Ketiga Lantikan untuk memproses maklumat peribadi anda. Semua Pihak-Pihak Ketiga Lantikan adalah terikat secara kontrak untuk mengambil langkah-langkah yang sewajarnya untuk menyimpan maklumat dengan selamat dan tidak menggunakan maklumat peribadi anda dalam apa jua cara selain daripada yang dinyatakan di sini dan dalam Polisi Privasi kami di http://www.nestle.com.my/info/privacy_policy.

12.6 Pihak Penganjur adalah sebuah syarikat global dan maklumat peribadi anda mungkin akan dipindahkan merentasi sempadan. Penganjur akan memastikan bahawa data

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anda hanya akan dipindahkan ke negara yang mempunyai tahap undang-undang perlindungan data yang sama atau setara, seperti yang dinyatakan dalam Polisi Privasi kami di http://www.nestle.com.my/info/privacy_policy.

12.7 Setakat mana undang-undang terpakai membenarkan, anda mempunyai hak untuk meminta akses kepada, meminta salinan, meminta untuk mengemaskini atau membetulkan, data peribadi anda yang disimpan oleh kami.

Semua permintaan atau pertanyaan bertulis anda hendaklah dialamatkan kepada:

Hubungi : Pegawai Perlindungan Data Peribadi.

Alamat: Nestlé Products Sdn. Bhd., 22-1, 22nd Floor, Menara Surian, No. 1, Jalan PJU 7/3, Mutiara Damansara 47810, Petaling Jaya, Selangor.

Atau

Borang Web: https://www.nestle.com.my/contactus. Atau

Hubungi kami: 1-800-88-3433.

12.8 Sila ambil perhatian bahawa Penganjur memerlukan maklumat peribadi anda untuk memproses penyertaan anda dalam Promosi dan tanpa maklumat yang diperlukan, kami tidak akan dapat memproses permohonan anda.

12.9 Untuk penerangan terperinci mengenai amalan privasi kami, sila rujuk kepada Polisi Privasi kami di http://www.nestle.com.my/info/privacy_policy. Kami berhak untuk mengemaskini dan meminda Notis Privasi ini atau Polisi Privasi kami dari semasa ke semasa.