TERMS AND CONDITIONS OF KLUANG MALL 10TH ANNIVERSARY COUNT AND WIN CONTEST
By entering the “Kluang Mall 10th Anniversary Count and Win Contest” (hereby known as “Contest”), you (“Participant”) agree to the following Terms and Conditions;
1. The Contest is organized by Tenaga Nusantara Sdn Bhd (Co. No. 224147-w) (“Kluang Mall”) and is open to all residents of Malaysia aged 18 years old and above (including permanent residents or expatriates who are currently living in Malaysia) except for the following:-
a) Permanent and/or contract employees of Kluang Mall (including its subsidiaries and related companies) and their immediate family members;
b) Representatives and/or agents (including advertising and promotion agents) of Kluang Mall and its subsidiaries and related companies, and their immediate family members; and
c) Permanent and/or contract employees of Pacific Hypermarket & Departmental Store and Telco’s tenants of Kluang Mall(paying bills, utilities and any related) and their immediate family members.
The phrase “immediate family members” refers to children, parents, spouses, brothers and sisters of the above group of individuals. Should any person listed above is identified as the Participant; such person will be automatically disqualified from the Contest.
2. The Contest runs from 1st September 2018 until 2nd December 2018 (“Contest Period”). Notwithstanding the above, Kluang Mall may during the Contest Period, at its sole and absolute discretion extend the Contest Period without prior notice (“the Extended Period”) and any participation in the Contest during the Extended Period (if any) shall be governed by these Terms and Conditions, which shall remain in full force and effect and shall be read and construed to be enforceable.
B. Contest Mechanics
1. Kluang Mall shall have the right to amend the terms and conditions of this contest, and is entitled to withdraw from this contest at any time at its discretion, without prior notice.
2. To participate in the Contest, Participant will be required to complete the Contest form which is available at Kluang Mall Information Counter and proceed with the following steps;
Step 1: LIKE & FOLLOW Kluang Mall official Facebook page and Kluang Mall official Instagram (verification will be made by Kluang Mall); and
Step 2: SPEND a minimum of RM250 in a single receipt on the same day at any outlets in Kluang Mall. (Exclude Pacific Hypermarket and Departmental Store,Telco’s bills, utilities payment and services); and
Step 3: COUNT the total number of Kluang Mall Mascot “Xiao Fuu” located at the Grand Prize display area; and
Step 4: REGISTER your details in the Contest Form. You will need to provide your details information including full name, NRIC, mobile number, address and submit your entry at Information Counter
3. Participant may submit as many Contest form as he/she wishes subject to the compliance of the Item (1) as above, however, each Participant will only be allowed to win one (1) prize for the Contest. Contest forms that are incomplete, unclear, without attachment of original receipt of valid purchase and/or not satisfactory in any howsoever will be disqualified at Kluang Mall Management’s sole and absolute discretion.
4. Non-compliance of Terms and Conditions of this Contest may result in disqualification in the Contest. An alternate Winner from a reserved list will be awarded with the prize.
5. All Contest submission shall be submitted to us at the designated Contest box located at Kluang Mall Information Counter or any other location which to be determined by Kluang Mall, latest by 10.00pm, 2nd December 2018. Any late submission thereafter shall not be entertained.
6. Kluang Mall Management will compile all Contest form and segregate qualified and non-qualified Contest form base on complete form and qualify receipts(s).
7. Kluang Mall shall have the right to amend the terms and conditions of this contest, and is entitled to withdraw from this contest at any time at its discretion, without prior notice.
C. Contest Prize
1. The shortlisted participants qualified to be winners (“shortlisted participants”) will be announced on 8th December 2018 on Kluang Mall website and social media channels (Facebook and Instagram). The shortlisted participants will be notified to attend the prize presentation day (“prize presentation day”) on 24th December 2018, or any other dates to be notified by Kluang Mall Management. Failing to attend the prize presentation day shall be deemed that the shortlisted participants failed to comply with the Terms and Conditions of the Contest, hence no longer qualified for the prize. Kluang Mall shall not entertain for any further request due to negligence or any reasons whatsoever by the participants.
2. Each Winner is eligible for one (1) prize only. The Winner shall be eligible to win the prizes as follows:
Grand Prize : Nissan Navara Double Cab 2.5L V A/T x 1 winner
1st Prize : Vespa Sprint I Get x 1 winner
2nd Prize : Yamaha NVX 155 x 1 winner
3rd Prize : Zero U Copper EX Massage Sofa x 1 winner
Bonus Prizes : Smart Phones x 3 winners
Lucky Winners : Gift Cards – worth RM300 x 10 winners
3. Selection of 1st, 2nd, 3rd and Bonus Prize Winners:
a) Participants with answer closes to the actual answer stand to win the 1st, 2nd, 3rd or bonus prizes.
b) If more than one (1) person has the same answer, a draw will be conducted internally to select the Winner and to be witnessed by independent third party selected by Kluang Mall Management. Such draw shall be recorded for vetting and reference purposes if required.
4. Selection of Grand Prize Winner:
a)The Participant with the accurate answer or the nearest to the actual answer will win the Grand Prize.
b)If more than one (1) person answers correctly, the draw will be conducted internally to select the Grand Prize Winner and to be witnessed independent third party selected by Kluang Mall Management. Such draw shall be recorded for vetting and reference purposes if required.
5. The judges' decision is final and binding. Any appeal or attempts to appeal, review or dispute any decisions made will not be entertained.
6. All prizes are non-transferable, non‐refundable and non‐exchangeable/redeemable for cash, credit or rebate of any kind and do not include any accessories or items shown in any advertisements and/or promotional materials which are for photography purposes only. Winner is fully responsible for all taxes that may be payable or taxable (if any).
7. All prizes are subject to availability and Kluang Mall reserves the rights, without prior notice or assigning any reason whatsoever to substitute any prize with other prizes of similar value without prior notice and without giving any compensation to the Winners.
8. All costs and expenses (including meals, transportation or personal expenses and etc.) for the purpose of collection of the prize shall be solely borne by the Winner.
9. The prize must be claimed by the Winner in person. The Winner must produce original identity card and/or passport for verification. Acceptance and use of prize by Winner shall be at their own risk at all times and Kluang Mall disclaims all liability arising therefrom.
10. Kluang Mall will not entertain any request to change, vary, or amend the date, time, location, venue and/or other details for the Contest prizes and any air tickets, entrance tickets and/or pass provided are given on “as is” basis to the Contest Winners.
11. In the event Kluang Mall holds a prize giving ceremony, the Winners are required to attend at his/her own cost and expense to collect the prize. In the event the Winners are not able to attend the prize giving ceremony, the Winners must nominate a representative to be present at the prize giving ceremony to accept the prize on his/her behalf and to pre-notify Kluang Mall accordingly.
12. Picture of the prizes in promotional materials are for illustration only. The colour, accessories and specifications of the actual prizes may differ from the pictures featured.
13. The winner of the Grand Prize (“Winner”). All costs and expenses in relation to the road tax, registration fee, registration charges of special car registration number requested by the Winner, handling fee, inspection fee with PUSPAKOM and insurance (or such other charges as may be imposed by the relevant authorities) (“Ownership Fee”) for transferring/registration of the Grand Prize Item to the Winner shall be fully borne by the Winner; and
14. The Winner may have to collect the prizes from the supplier and must register in his/her name within 14 days after the official announcement of the winner and/or as per time, date and venue stipulated by the Organiser which will be updated by the Organiser upon announcement of the winner (if applicable). Failure to accept the Grand Prize by the Winner within the timeframe stipulated by the Organiser shall constitute a rejection by such Winner and the Organiser reserves its rights to award the prize to another Winner.
15. The Winner takes on all risks of the Grand Prize, 1st Prize and 2nd Prize when he/she takes delivery of it even if the said prize is not yet registered in his/her name. The Winner is responsible to do everything necessary to register the said prize in his/her name and must make arrangements directly with the supplier for this purpose.
16. The Winner is responsible for all incidental costs relating to accepting the prize, such as any applicable tax or levy, insurance payments, inspection fee, registration costs, processing fees, administrative fees, costs of number plate, and other related expenses.
D. Notification of Winner
1. Notification to shortlisted participants will be made by Kluang Mall through official letter, email and/or phone call provided by the Participant within two (2) weeks after the end of the Contest Period. Further, Kluang Mall shall inform the shortlisted participants through its social media platform.
2. Kluang Mall shall not be responsible or be liable if any of the shortlisted participants cannot be contacted. Kluang Mall further reserves the full right to disqualify any shortlisted participants if any attempt to contact the shortlisted participants has failed for any reason whatsoever.
3. Proof of sending Contest Entry (in any manner whatsoever) to Kluang Mall does not represent a proof of receipt.
4. Kluang Mall reserves the right to forfeit the prizes if the shortlisted participants fails to provide the details required upon receiving the request/notification from Kluang Mall.
E. Intellectual Property, Announcement, Confidentiality and Personal Data
1. By entering this Contest, the Participant and/or Winner hereby grants Kluang Mall perpetual and nonexclusive rights to broadcast the names, pictures or images or display any matter related to the Participant and/or Winner for publicity, advertising, trade or promotional purposes in any media without further notice to the Participant or Winner. The Participant and/or Winner is not entitled to claim any payment in any form, fee or compensation for the use of their images or details in relation to the above.
2. The Participant and/or Winner acknowledge, understand and agree that his/her details may be shared by Kluang Mall with its partners or participating content provider for the purposes of the Contest. Any Participant’s information or personal data (“Personal Data”) provided by the Participant to Kluang Mall in connection with the Contest shall be kept confidential except to any activities mentioned thereto. Kluang Mall shall take all reasonable precautions to preserve the integrity and prevent any corruption or loss, damage or destruction of Participant’s Personal Data and complies with the requirement of Personal Data Protection Act 2010. Kluang Mall Privacy Notice applies, for further information on the Privacy Notice of Kluang Mall’s group of companies, please visit https://www.kluangmall.com
1. Kluang Mall reserves the rights to change, amend, delete or add to these Terms and Conditions either in written or verbal communications without prior notice at any time.
2. By participating in this Contest, the Participant agrees to be bound by this terms and conditions, notices, amendments and all decisions made by Kluang Mall.
3. In the event of any dispute, conflict, uncertainty or ambiguity relating to the Terms and Conditions hereto, or any matter involving this Contest, Kluang Mall will resolve the matter in its absolute and unfettered discretion and the entire decision in the matter shall be conclusive and final.
1. To the fullest extent permitted by law, Kluang Mall makes no representations or warranties with respect to any prizes provided under this Contest; in particular, Kluang Mall gives no warranty with respect to the merchantability, quality of the prizes or their suitability for any purposes.
2. Kluang Mall shall not be responsible or liable for any misinterpretation or misrepresentation of facts in respect of the prizes offered as published in any media, marketing or advertising materials.
3. Kluang Mall shall not be responsible or liable for any lost, misdirected, illegible, late, mutilated or altered entries. Proof of transmission will not be accepted as proof of receipt. The Participant shall assume full liability in the case of any mishap, injury, damage, claim or accidents resulting from their participation in the Contest and/or redemption of the prizes.
4. Kluang Mall shall not be liable for any failure to comply with its obligations where the failure is caused by something beyond its reasonable control. Such circumstances shall include, but not be limited to, weather conditions, fire, flood, hurricane, strike, industrial dispute, war, hostilities, political unrest, riots, civil commotion, inevitable accidents, supervening legislation or any circumstances amounting to force majeure.
5. Kluang Mall shall not be liable to the Participant for (a) any loss or damage suffered by the Participant arising from their participation or non‐participation in the Contest due to any act or omission by Kluang Mall and; (b) for any misuse of any prize or for any claims or liability arising from the use of the prizes.
1. Kluang Mall reserves the right at its sole discretion and without having to assign any reason whatsoever, to disqualify any individual for the following:
(a) found to be tampering with the operation of the Contest;
(b) to be acting in breach or potential breach of these Terms and Conditions; or
(c) for submitting incomplete, illegible or false entries.
2. The decision to disqualify shall be final and no correspondence shall be entertained. Kluang Mall reserves the right, with or without cause, to exclude Participant and withhold prizes for violating any of the Terms and Conditions herein.
I. Suspension, Cancellation or Termination of Contest
1. Kluang Mall reserves the right to cancel, suspend, delay or terminate the Contest at its absolute discretion without giving prior written notice to the Participant or in the event of unforeseen circumstances beyond its reasonable control.
2. In the event of suspension, cancellation, delay or termination of the Contest for any reason by Kluang Mall Kluang Mall, the Participant or the Winner shall not be entitled to make any claim or claim for compensation from Kluang Mall for any loss or damages suffered or incurred as a direct or indirect result of the said occurrence.
J. Governing Law and Jurisdiction
These Terms and Conditions are governed by the laws of Malaysia and any dispute arising out of or in connection with them shall subject to the exclusive jurisdiction of the courts in Malaysia