TERMS & CONDITIONS FOR MICHELIN DRIVING PASSION PROMOTION ( PROMOTION")

Transcription

1 TERMS & CONDITIONS FOR MICHELIN DRIVING PASSION PROMOTION ( PROMOTION") 1. ELIGIBILITY 1.1 The Promotion is organised by the following promoters (hereinafter individually known as Promoter ) in the respective territories: MICHELIN ROH Co. Ltd, for the territories of Australia, Singapore, Thailand, Indonesia, Vietnam, Japan, South Korea and Malaysia; and Michelin Asia (Singapore) Co. Pte Ltd, Philippines Representative Office, for the territory of the Philippines. The participants across all territories are collectively referred to in these Terms and Conditions as the Participants. 1.2 In order to participate in the Promotion, a Participant must: be a natural person, aged 18 and above as at the date he/she registers to participate in the Promotion (the Date of Participation ); be a citizen or resident of Australia, Malaysia, Thailand, Indonesia, Singapore, Vietnam, Japan, South Korea or Philippines (each a Territory ); be physically located in a Territory at the time of participation; have a valid Facebook account for the duration of the Promotion Period; hold a valid driving licence as at the Date of Participation; and comply with these Terms and Conditions at all times. 1.3 The Promotion is accessible at amd (the Site ) during the period, 4 July 2016 to 29 July 2016 ( Promotion Period ). 1.4 Notwithstanding Clause 1.2, the relevant Promoter reserves the absolute discretion to determine the eligibility of any person who is interested to participate in the Promotion. Such determination is final and conclusive, and the relevant Promoter is not obliged to give any reason for disqualifying any Participant from participating in the Promotion or any part thereof. 1.5 Without prejudice to Clause 1.2, the following persons shall not be eligible to participate in the Promotion: 1

2 1.5.1 Directors, employees and immediate family members of the relevant Promoter, the relevant Promoter s Affiliates (where Affiliates means 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 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), the relevant Promoter s appointed agencies which include TBWA Singapore Pte Ltd, MEC Singapore and Sixtoes Singapore involved in organising, promoting and/or conducting the Promotion. Immediate family members refer to spouses, children, parents, parents-in-law and siblings; Persons who are or become insane, deceased, insolvent or have legal proceedings of any nature instituted against them; Persons below the age of 18 as at the Date of Participation; Any other person or class of persons deemed ineligible by, or notified by the relevant Promoter as being ineligible from time to time. 1.6 Local 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 the relevant Promoter and 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 relevant Promoter makes no representation or warranties, 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 relevant Promoter and its Affiliates have authority to make any such representations or warranties The relevant 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. Facebook Accounts for Individual Use Only 1.7 Participants are only allowed to participate in the Promotion through his/her Facebook (FB) account. 1.8 Participants are solely responsible for their FB account. Participants may not allow any other person to access his/her FB account, accept any winnings, or participate in the Promotion using 2

3 his/her FB account. All activities undertaken under a Participant s FB account will be deemed to have been done by that Participant. Violation of the Terms and Conditions and Abuse: Liability 1.9 Any Participant who displays behaviour which may be interpreted as the use of unfair methods in participating in the Promotion, including but not limited to the opening and/or using multiple FB accounts, the use of unauthorized or altered software or hardware to assist entry, any breach of these Terms and Conditions, or any breach or attempted breach of Facebook s Terms of Service, shall be subject to immediate sanction (as determined by the relevant Promoter in its sole discretion), up to and including the voiding of any winnings. 2. PRIZES 2.1 There are twenty-five (25) prizes to be won (each of which shall hereinafter be referred to as Prize or collectively as Prizes ). The Prize winners will be announced after the end of the Promotion Period. 2.2 Allocation of Prizes The twenty-five (25) Prizes will be allocated as follows: (a) Australia: Three (3) Prizes will be given to winners in Australia; (b) Thailand: Three (3) Prizes will be given to winners in Thailand; (c) Malaysia: Three (3) Prizes will be given to winners in Malaysia; (d) Indonesia: Three (3) Prizes will be given to winners in Indonesia; (e) Japan: Three (3) Prizes will be given to winners in Japan (f) South Korea: Three (3) Prizes will be given to winners in South Korea (g) Vietnam: Three (3) Prizes will be given to winners in Vietnam (h) Philippines: Two(2) Prizes will be given to winners in the Philippines; (i) Singapore: Two (2) Prizes will be given to winners in Singapore. 2.3 Each Prize comprises a travel package for one (1) to Malaysia for a MICHELIN Pilot Sport Experience from 26 August 2016 to 28 August 2016, which include: 3

4 (a) One (1) round-trip plane ticket from the Territory of origin to Kuala Lumpur, Malaysia; (b) Two (2) nights accommodation in a five star hotel with breakfast; (c) One (1) day at the MICHELIN Pilot Sport Experience in Sepang International Circuit, Malaysia (F1 Circuit) on 27 August 2016; (d) Lunch during the MICHELIN Pilot Sport Experience; and (e) Scheduled ground transportation to and from Sepang International Circuit, Malaysia. 2.4 For the avoidance of doubt, the Prizes do not include any accessories or items that may be shown for illustrative purposes on any leaflet, poster or other promotional item advertising the Promotion. 2.5 Responsibility of Prize Winner In order to participate in the MICHELIN Pilot Sport Experience, each Prize winner shall be responsible 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 Malaysia; (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 MICHELIN Pilot Sport Experience) The relevant Promoter s discretion on whether a winner is fit to travel and participate in the MICHELIN Pilot Sport Experience shall be final and shall not be open to challenge. The validity of travel documentation and/or application and cost for a tourist visa to Malaysia are the sole responsibility of the winners. 4

5 2.5.3 It is the Prize winner s responsibility to ascertain whether he/she has adequate health and accident coverage and to procure any other insurance coverage as he/she deems necessary It is the Prize winner s responsibility to ensure that they have valid documentation which meets the requirements of immigration and other government authorities at Malaysia 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 destination. 2.6 The relevant 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 relevant 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 relevant 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 relevant Promoter, its Affiliates and its agents exceed the value of the Prize or EUR 5000, whichever is lower By participating in the MICHELIN Pilot Sport Experience, Prize winners acknowledge and agree that his/her participation in the MICHELIN Pilot Sport Experience 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 MICHELIN Pilot Sport Experience (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 5

6 unknown, inherent or otherwise, related to his/her participation in the MICHELIN Pilot Sport Experience and acknowledge that he/she is voluntarily participating in the MICHELIN Pilot Sport Experience with full knowledge and awareness of such risks For the avoidance of doubt, all Participants acknowledge and agree that: (a) (b) (c) (d) The Prizes are provided on an as-is basis; 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; The relevant 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 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 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 relevant 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 relevant 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 relevant 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 relevant 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 Driving Passion 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 winners, limited to the number set out in Clause 2.2.1, will be selected among Participants who 6

7 posted the most creative or interesting comments and/or pictures in the opinion of the relevant Promoter. 3.2 Entering the Promotion Participants participate in the Promotion by commenting or posting a picture on any Michelin Driving Passion 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 relevant Promoter and a representative from the relevant Promoter s advertising agency, TBWA Singapore Pte Ltd ( TBWA ), 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 TBWA will notify the winners by Facebook private message, requesting further contact details. Thereafter, TBWA will contact the winners by and/or phone along with the request to sign the enclosed Acceptance Letter. TBWA will make reasonable efforts to contact the winners beginning on 1 st August If a winner fails to claim his/her Prize beyond such date as may be specified by the relevant Promoter, or where no such date is specified, beyond a reasonable period as determined by the relevant Promoter in their absolute discretion, he/she will be automatically disqualified from the Promotion and his/her Prize will be forfeited. 3.6 It is a condition for the award of the Prize that the winners must sign and return the Acceptance Letter via to TBWA 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. 3.7 Once the Acceptance Letter is timely received by TBWA, the details of the Prize will be communicated to the winners in subsequent correspondences between TBWA and the winners. 3.8 If a 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 relevant Promoter shall have the right to select a Participant in the Territory with the next best creative entries. 7

8 3.9 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 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 relevant Promoter shall have the right to replace that Participant with the Participant in the Territory who has posted the next best creative entry. The relevant 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 confirmed 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 winner shall not be entitled to any compensation, exchange or refund. Winners undertake to inform the relevant Promoter immediately upon becoming aware of any inability to travel or to utilise the Prizes While the relevant Promoter and TBWA shall make reasonable efforts to notify the winners of the Prizes, the relevant Promoter and TBWA 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 For avoidance of doubt, all unclaimed, forfeited or otherwise unused Prizes shall be used disposed or otherwise dealt with by the relevant Promoter in any manner as it deems fit in its sole and absolute discretion. 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. 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 or licensed by Michelin ROH Co. Ltd, and/or its licensors. 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 relevant Promoter neither warrants nor represents that a Participant s use of the Content will not infringe rights of third parties. While the 8

9 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 relevant Promoter is a violation not only of these Terms and Conditions, but also of copyright and trademark laws. Participants agree to fully indemnify the relevant Promoter and its Affiliates from any damages, losses, costs or expenses which the relevant 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 relevant 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 relevant Promoter. The relevant Promoter will use the personal data for the purposes of the administration of the Promotion and in accordance with the relevant Promoter s Privacy Policy. 5.6 Personal data may be used and retained by the relevant Promoter for the following purposes and for other purposes as shall be agreed between Participants and the relevant Promoter or required by law from time to time: (a) for the purpose of contacting the winners of the Prizes; and 9

10 (b) for marketing and/or promotional purposes for future contests organized by the relevant 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 emial 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 relevant 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 relevant 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 relevant 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 divisible 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 the Republic of Singapore and the courts of the Republic of Singapore 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 the Contracts (Rights of Third Parties) Act (Cap. 53B) to enforce any provision of these Terms and Conditions. 10