Terms & Conditions for MICHELIN Tasty Drive Promotion ( the Promotion )

Transcription

1 Terms & Conditions for MICHELIN Tasty Drive Promotion ( the Promotion ) 1. PROMOTION DETAILS AND ELIGIBILITY 1.1 The promotion is titled MICHELIN Tasty Drive Promotion and is organised by MICHELIN ROH Co. Ltd ( Promoter ), a company duly registered in Thailand. 1.2 The Promotion is accessible at: ( Site ) during the period from 28 August 2017 to 20 October 2017 inclusive ( Promotion Period ). 1.3 All participants of the Promotion must satisfy the following eligibility requirements ( Requirements ): be a natural person, aged 20 and above as at the date he/she registers to participate in the Promotion ( Date of Participation ); be a citizen of Thailand and a resident of Bangkok; be physically located in Australia, Singapore, Thailand, Malaysia, Vietnam, Philippines, Japan or Korea (each a Territory and collectively as Territories as at the Date of Participation; have a valid Facebook account for the entire duration of the Promotion Period; hold valid age identification as at the Date of Participation; comply with these Terms and Conditions at all times; must not be a Disqualified Person as referred to in Clause 1.6; and must have a valid driver s license to drive in Bangkok, Thailand. 1.4 Any Participants who do not satisfy any of the Requirements will not be eligible to be a Prize Winner (defined below). 1.5 Without limiting Clauses 1.3 and 1.4, the Promoter has the absolute discretion in determining the eligibility of any person who wishes to participate in the Promotion - any such determination is final and conclusive, and the Promoter is not obliged to give any reason for disqualifying any individuals from participating in the Promotion. 1.6 The following persons shall not be eligible to participate in the Promotion and/ or be a Prize Winner (as applicable) ( Disqualified Persons ): Directors, employees, contractors and/or Immediate Family Members of: (A) (B) (C) the Promoter; any of the Promoter s Affiliates; or the Promoter s or any of the Promoter s Affiliates appointed media, public relations, marketing, communications and/ or advertising agencies which is involved, whether directly or indirectly, in any way, in connection with the Promotion - these agencies include Havas Thailand, Grey Alchemy Thailand. (For the purpose of these Terms and Conditions: Affiliates shall mean any entity which controls, is controlled by, or is under common control with another entity. Without limiting the foregoing, an entity is deemed to control another if it directly or indirectly (a) has control over the Board

2 of Directors and has the power to appoint or remove at least 50% of the directors of such other entity; or (b) owns at least 50% of the voting shares in such other entity), Immediate Family Members refer to spouses, children, parents, parents-in-law, grandparents and siblings; Persons who are declared bankrupt as at the Date of Participation or as at the date the Prize Winners ( Prize Winners ) is announced ( Announcement Date ); Persons who are incarcerated as at the Date of Participation and/or as at the Announcement Date The Promoter has the absolute discretion to consider any individual or any Participant as a Disqualified Persons. 1.7 Compliance with laws Participants are subject to laws of the Territory in which he/she resides and from which he/she accesses the Promotion, and are solely responsible for complying with those laws Participants agree that the Promoter and/or its Affiliates are not and cannot be held liable if laws applicable to the Participant restrict or prohibit his/her participation in the Promotion The Promoter makes no representation or warranties, whether expressed or implied, as to a Participant s legal right to participate in the Promotion, nor shall any person affiliated, or claiming affiliation, with the Promoter and its Affiliates have authority to make any such representations or warranties The Promoter reserves the right to monitor the location from which a Participant accesses the Promotion and to block access from and location outside of the Territory and any jurisdiction in which participation is illegal or restricted. 1.8 Participants are only allowed to participate in the Promotion through his/her Facebook (FB) account. 1.9 Participants are solely responsible for his/her FB account. Participants may not allow any other persons to access his/her FB account, accept any winnings, or participate in the Promotion using his/her FB account. All activities undertaken under a Participant s FB account will be deemed to have been done by that Participant Each Participant may only participate in the Promotion using one FB account. Any Participants who uses multiple FB accounts to participate in the Promotion or breaches any of Facebook s Terms and Service or any of the Terms and Conditions herein is deemed a Disqualified Person The Promoter reserves the right to void any winnings by a Disqualified Person.

3 2 PRIZES 2.1 There will be a total of fifty one individual prizes to be won in the Promotion, comprising of five (1) Grand Prize and forty (40) Secondary Prizes (each a Prize or collectively as Prizes ): the Grand Prize includes tickets for 2 people to attend the Michelin Guide Bangkok Gala ( Gala ) on 6 December 2017, valued at 40,000 baht (the Promoter reserves the right to change such date); the winner is responsible for their own transportation to and from the event in Bangkok, Thailand; and Each of the Secondary Prize is one Michelin Guide Bangkok 2018 book 2.2 The Prize winners will be announced after the end of the Promotion Period and the Promoter reserves the right to change any of the Prizes, at any time, at its sole discretion. 2.3 Each Prize Winner may only win one Prize. 2.4 For the avoidance of doubt, the Prizes do not include any accessories or items that may be shown for illustrative purposes only on any leaflet, poster or other promotional item advertising the Promotion. 2.5 The Promoter or its Affiliates are not responsible for and do not have any obligations in respect of the Prize Winner s travel arrangement and/ or visa to participate in or to claim the Prize of the Promotion It is the responsibility of each Prize Winner, at its own costs, for ensuring that: (a) his/her passport is valid for at least 6 months from the date of travel; (b) he/she has obtained any necessary visa and other travel requirements to enter Thailand; (c) he/she has undergone the necessary health checks (including immunizations if required) before the date of travel; (d) he/she has obtained travel or medical insurance for the duration of travel. The Prize winner is responsible for his/her own travel and medical insurance which should be arranged before departure; (e) he/she has paid any applicable taxes; and (f) he/she brings his/her original driver s licence (failure to produce an original driver s licence will disqualify a Prize winner from participating in the Promotion) The relevant Promoter s discretion on whether a winner is fit to travel and participate in the Promotion shall be final and shall not be open to challenge It is the Prize Winner s responsibility to obtain adequate insurance, including health and accident coverage and to procure any other insurance coverage as he/she deems necessary to participate in the Promotion. All Participants and all Prize Winners waive their respective rights, if any, to make any claim against the Promoter or its Affiliates in respect of any matters in connection with the Promotion or the Prizes Any fines, penalties, payments or expenditures incurred as a result of such documents not meeting the requirements of those authorities will be the sole responsibility of the Prize winner. The relevant Promoter and its Affiliates make no representation as to the safety, conditions or other issues that may exist at any

4 destination. 2.6 The Promoter and its Affiliates shall not be responsible or liable in any manner whatsoever for any deficiency or inadequacy of service included in a Prize that is provided by a third party or for any damage suffered by any Prize winner which may arise from or be in any way connected with the act or omission of any third party, or its servants or agents. 2.7 The Promoter and its Affiliates shall not be responsible for any act, omission, failure or delay in the conduct of the Promotion, which is due to an act of God, riots, acts of terrorism, storms, fire, any labour or industrial dispute, any strike, and other acts which are not reasonably within the control of the Promoter or its Affiliates. 2.8 Save as otherwise provided herein, Prize Winners shall bear all other costs and expenses (including incidentals charges, applicable taxes, insurance, visas, out-of-pocket expenses in relation to the receipt and usage of the Prizes (or any component(s) thereof). 2.9 General Provisions on Prizes The Prizes are neither transferable nor exchangeable for cash, credits or otherwise. The relevant Promoter and its Affiliates liability is limited and excluded to the maximum extent permitted under applicable law, and the relevant Promoter and its Affiliates shall not be responsible for any other consequences including but not limited to loss of life, injury to person and/or damage to property arising from or in connection with the Promotion and/or redemption or use of the Prizes Under no circumstances shall the liability of the Promoter, its Affiliates and its agents exceed the value of one Grand Prize By participating in the Promotion, the Participants and Prize winners acknowledge and agree that his/her participation in the Promotion is a potentially hazardous activity which involves risks, inherent and otherwise, that cannot be eliminated and which may cause damage to person or property in connection with his/her participation in the Promotion (including, but not limited to, damage, loss of property, physical, mental or emotional injuries, medical treatment and death). Prize Winners accept full and sole responsibility for all risks, both known and/or unknown, inherent or otherwise, related to his/her participation in the Promotion and acknowledge that he/she is voluntarily participating in the Promotion with full knowledge and awareness of such risks For the avoidance of doubt, all Participants acknowledge and agree that: (a) The Prizes are provided on an as-is basis; (b) Use of the travel packages under the Prizes is subject to all prevailing terms and conditions of the packages as stated on the face of the packages or otherwise incorporated by reference; (c) The Promoter and its Affiliates shall under no circumstances be liable to any Participant or any third party (whether for damages, loss, refund or otherwise) for any cancellation, suspension, delay or postponement of the Promotion (or any part thereof) for any reason; and (d) The relevant Promoter and its Affiliates shall under no circumstances be liable to any Prize Winner for any failure or inability by the Prize Winner to attend or enjoy the benefit of the Prize.

5 2.9.5 The relevant Promoter may, at any time and without notice in their sole and absolute discretion, substitute any Prize with any other item of a similar value All Prizes that remain unclaimed beyond such date as may be specified by the Promoter, or where no such date is specified, beyond a reasonable period as determined by the relevant Promoter in its absolute discretion, will be forfeited. Any winner whose Prize has been forfeited hereunder shall not be entitled to any payment or compensation notwithstanding any non-receipt of notification. Failure to respond to any notification from the Promoter in relation to any Prize won, or to provide any information or material required for the redemption/collection of any Prize within the time period specified by the Promoter, shall be deemed to be a failure to claim such Prize and Clause 3.13 shall apply accordingly For the avoidance of doubt, all unclaimed, forfeited or otherwise unused Prizes shall be used, disposed or otherwise dealt with by the Promoter in any manner as it deems fit in its sole and absolute discretion. 3. PARTICIPATION 3.1 To participate in the Promotion, a Participant has to leave a comment and/or picture on any Michelin Guide Thailand Facebook post, which could be a video posts or any other campaign posts uploaded on a dedicated promotional Facebook page. The comments and/or pictures should explain, in whatever way the Participant chooses, what drives his/her emotions. The Prize Winners, limited to the number set out in Clause 2.1, will be selected among Participants who posted the most creative or interesting comments and/or pictures in the opinion of the Promoter. 3.2 Entering the Promotion Participants participate in the Promotion by commenting or posting a picture on any Michelin Guide Thailand Facebook post, explaining, in whatever way they choose, what drives their emotions. Participants who submit the most creative or interesting entry in the opinion of the Promoter will win the Prizes described in Clause Each Participant s entries will be eligible to win the Prize, and there is no limit to the number of entries each Participant can make. Determination of the winning entries will be conducted at the end of the Promotion Period by a representative of the Promoter, in respect of all the entries submitted during the Promotion Period. 3.3 The relevant Promoter reserves the right to reinstate any Prize unredeemed in the Promotion or withhold or recall any Prize awarded to any winner found to be disqualified from participation. The relevant Promoter s determination of the winners shall be final, conclusive and binding. No correspondence regarding the award of a Prize will be entertained. 3.4 Promoter will notify the Prize Winners by Facebook private message, requesting further contact details. Thereafter, Promoter will contact the winners by and/or phone along with the request to sign the enclosed Acceptance Letter. Promoter will make reasonable efforts to contact the winners beginning on 1st December 2017.

6 3.5 It is a condition for the award of the Prize that the winners must sign and return the Acceptance Letter via to promoter within five days (including weekends and Public Holidays) from the date of the /letter notification. For identification and verification purposes, the winner must also attach a scanned copy of his/her Identification Card or Passport when he/she returns the Acceptance Letter. 3.6 Once the Acceptance Letter is timely received by Promoter, the details of the Prize will be communicated to the winners in subsequent correspondences between Promoter and the Prize Winners. 3.7 If a Prize Winner fails to return or acknowledge the signed Acceptance Letter within three days from the date of the /letter notification, his/her Prize will be forfeited without further notice. The Promoter shall have the right to select any Participants with the next best creative entries. 3.8 It is a condition for participation in the Promotion that all Participants will permit the public disclosure of their names, cities/countries of residence and images for publicity or commercial purposes, participate in any advertising, promotion, media interviews and publicity activities stipulated by the relevant Promoter in relation to the Promotion. All Participants are deemed to have consented to the collection, use and processing of their personal data by the Promoter for the purpose of the Promotion. 3.9 If for any reason a Participant is discovered at any time (including after the Promotion Period) not to satisfy any of the conditions for participating in the Promotion, that Participant will be automatically disqualified from the Promotion and the Promoter shall have the right to replace that Participant. The Promoter s determination of a winning Participant (or any replacement winner) shall be final, conclusive and binding. No correspondence regarding the award of a Prize will be entertained If a Prize Winner cannot or does not travel for any reason whatsoever (including but not limited to failure to obtain relevant travel documents or visas) on the scheduled travel dates of the Prize, his/her Prize will lapse and will be forfeited. The Prize Winner shall not be entitled to any compensation, exchange or refund. Prize Winners undertake to inform the Promoter immediately upon becoming aware of any inability to travel or to utilise the Prizes While the relevant Promoter and Promoter shall make reasonable efforts to notify the winners of the Prizes, the relevant Promoter and Promoter shall not be liable for any notices, letters, or correspondence lost, stolen or misdirected in the postal system or telecommunication system, and the consequences arising from the non-receipt of such communication. 4. INTELLECTUAL PROPERTY RIGHTS 4.1 By participating in the Promotion, Participants acknowledge and agree that the Promoter shall have the right to use all or any of the comments and/or pictures that they posted (regardless whether the entry was a winning entry) in relation to any promotion or campaign or material regarding Michelin s products and services. Participants hereby grant to Michelin a non-exclusive, perpetual, royalty free licence to use the comments and/or pictures posted in this Promotion in relation to any promotion or campaign or material regarding Michelin s products and services.

7 4.2 Participants further acknowledge that all content included in the Promotion, including all video, audio, design, text, graphics, photos, the selection and arrangement thereof (collectively, the "Content") is owned by or licensed to Michelin ROH Co. Ltd, and/or its Affiliates. 4.3 Participants agree to not modify, publish, participate in the transfer or sale of, create derivative works from, or in any way exploit the Content. The Promoter neither warrants nor represents that a Participant s use of the Content will not infringe rights of third parties. While the relevant Promoter uses reasonable efforts to include accurate and up-to-date information, the relevant Promoter makes no warranties or representations as to the accuracy or completeness of any Content and assumes no liability or responsibility for any errors or omissions in the Content. 4.4 The trademarks, logos, and service marks (collectively the "Trademarks") displayed and forming part of the Content, are registered and unregistered Trademarks of the relevant Promoter, its Affiliates and/or its licensors. 4.5 Reproduction, duplication, or distribution of all or any of part of the Content and Trademarks without the written permission of the Promoter is a violation not only of these Terms and Conditions, but also of copyright and trademark laws. Participants agree to fully indemnify the Promoter and its Affiliates from any damages, losses, costs or expenses which the Promoter and its Affiliates, its agents and authorized representatives may incur as a result of breach of intellectual property rights. 5. GENERAL TERMS & CONDITIONS 5.1 By participating in the Promotion, Participants will be deemed to have read and understood these Terms and Conditions and agreed to be bound by them, and any other requirements set out in any related promotional material and all amendments, additions, replacements and modifications as may be made from time to time. 5.2 By accepting these Terms and Conditions, Participants also confirm that their participation in the Promotion would not lead to any breach of any laws in their country of residence. The relevant Promoter will not be held responsible for any Participant entering the Promotion unlawfully. 5.3 The relevant Promoter s decision on all matters relating to the Promotion is final, conclusive and binding on all Participants and winners, and no correspondence will be entertained. 5.4 The relevant Promoter reserves the right to request the winners to provide photographs of themselves for use in marketing for the Promotion. Should such request be made, the winner shall provide a suitable photograph within the requested period. 5.5 The Promoter will respect the confidentiality of, and endeavour to keep safe, any and all personal data collected and/or stored and/or used by, or on behalf of, the Promoter. The relevant Promoter will use the personal data for the purposes of the administration of the Promotion and in accordance with the Promoter s Privacy Policy. 5.6 Personal data may be used and retained by the Promoter for the following purposes and for other purposes as shall be agreed between Participants and the Promoter or required by law from time to time: (a) for the purpose of contacting the winners of the Prizes; and (b) for

8 marketing and/or promotional purposes for future contests organized by the Promoter or its Affiliates. 5.7 If you would like to unsubscribe form our mailing list and do not wish to be contacted in any way for future promotions and other marketing activities, please contact us with your name, the mailing or address and contact number which we use to contact you at and we will unsubscribe you within 14 business days. 5.8 At times it may be necessary and/or prudent for the Promoter to transfer certain personal data to its Affiliates or authorised agencies, whether in Singapore or outside of Singapore, in order to carry out the Promotion. All Participants in the Promotion hereby consent for their personal data to be so used for these purposes. 5.9 The Promoter, its Affiliates and their authorised agencies shall not be liable for any injury, damage or loss arising out of or in connection with the Promotion, and each Participant agrees to indemnify and hold the relevant Promoter and its Affiliates harmless from and against any and all claim, loss or damage incurred by the Participant or by any other party in relation to the Promotion By participating in the Promotion, Participants agree without limitation that the Promoter and its Affiliates shall not responsible for any damage, loss or injury resulting from hacking, tampering, or other unauthorized access or use of their Facebook account The relevant Promoter reserves the right to vary these Terms and Conditions herein at any time at its absolute discretion without notice In the event of any inconsistency between these Terms and Conditions with any other form of publicity collaterals relating to the Promotion, these Terms and Conditions shall prevail If any provision of this Terms and Conditions shall be held to be void or declared illegal, invalid or unenforceable for any reason whatsoever, such provision shall be severed from these Terms and Conditions and shall be deemed to be deleted from these Terms and Conditions and the validity of the remaining provisions shall not be affected The Promotion, and these Terms and Conditions are governed by the laws of Thailand and the courts of Thailand shall have exclusive jurisdiction over any and all matters or disputes arising out of or in connection with the Promotion. These Terms and Conditions listed are not intended to confer rights to a third party, and such a third party will have no rights under to enforce any provision of these Terms and Conditions.