2023 Guardian “#TooGoodLuck” Hashtag Dance Challenge | Terms & Conditions
Updated: Jan 3
ORGANISER AND ELIGIBILITY
2023 Guardian “#TooGoodLuck” Hashtag Dance Challenge (“The Contest”) is organized by Guardian Health And Beauty Sdn. Bhd. (the “Organizer”)
To participate in the Contest, the contestant must,
1. be Malaysian citizens aged 18 and above (as of 27 December 2022);
2. hold a valid identification card;
3. residing in Malaysia
4. have a valid Instagram and Google mail account. Please refer to the terms and policies contained in Facebook’s and Gmail website which will bind its users.
5. IG account have to be public
The following persons are not eligible to take part in the Contest:
1. Permanent and/or contract employees of Giant and Guardian Malaysia and/or their immediate family members (i.e. spouses, children, parents, brothers and sisters);
2. Advertising & promotion agents and vendors who are directly involved with this Contest.
The Contest begins on 27 December 2022 at “00:00:01” and ends on 31 January 2023 at “23:59:59” [“Contest Duration”]. The Organizer reserves the right to amend the Contest Duration at any time without prior notice. All entries outside the Contest Duration will be disqualified. Only completed entries will be entertained.
The Participant may participate the 2023 Guardian “#TooGoodLuck” Hashtag Dance Challenge with no purchase requirement. Winners will be contacted via email to be verified and redeem prizes.
HOW TO ENTER
To enter the Contest, (1) Follow @guardianmy on Instagram / TikTok Account (2) Tap on the Audio Button, Use Audio 'Guardian #TooGoodLuck' Song (3) Create Your Own #TooGoodLuck Dance! (4) Share Your Video on IG Reels/TikTok, Tag @guardianmy & include hashtag #TooGoodLuck & #GuardianMY (collectively, steps 1 , 2 , 3 and 4 will be considered an “Entry”). You must have the IG / Tiktok App in order to enter; this app is free to download and use. All entries will be subject to confirmation of eligibility. Organizer will have complete discretion over interpretation of the Official Rules, of administration of the Contest, and of selection of Winners (defined below). Decisions of the Organizer as to the administration of the Contest, interpretation of the Official Rules, and the selection of the Winner will be final and binding in all respects on all Entrants. There is no limit to the number of Entries a person may submit into this Contest. All Entrants must have a valid e-mail address and an Instagram / Tiktok account. Those who do not follow all of the instructions for entry or abide by these Official Rules or other instructions of Organizer may be disqualified at Organizer’s sole and absolute discretion. All Entries that are late, illegible, incomplete, damaged, destroyed, forged, or otherwise not in compliance with the Official Rules may be disqualified from the Contest at Organizer’s sole and absolute discretion.
Apple iPhone 14 Pro Max (Gold - 256 GB) RM 6,299 x 1
Apple Watch Gold Stainless Steel Case with Milanese Loop RM 3,699 x 1
Sony Wireless Noise Cancelling Headphones (White) RM 1,799 x 1
RM 800 Guardian Cash Vouchers x 1
RM 500 Guardian Cash Vouchers x 3
RM 200 Guardian Cash Vouchers x 5
Guardian Cash Vouchers terms & conditions:
This Voucher is to be used within the stipulated period and will not be valid after expiry date printed on the voucher.
This voucher is not refundable and cannot be replaced if lost, damaged or expired.
Guardian will not be held responsible for any lost, stolen, damaged or expired voucher.
This voucher is only valid within Guardian stores in Malaysia in exchange for goods and is not exchangeable for cash. Any unused balance will not be refunded.
Maximum pieces of redeemable vouchers in a single transaction in only up to 99 pieces.
Guardian reserves the right to amend and / or vary the terms and conditions without prior notice.
Sponsors will not replace any lost or stolen Prizes. Prizes are non-transferable, and cash redemptions, equivalents, or substitutions are not available, except at Organizer’s sole and absolute discretion. Prize details and availability are subject to change, and in the event that Organizer are unable to provide the Winner with the Prize, Organizer may elect, at the Organizer’ sole and absolute discretion, to provide Winner an alternate prize of comparable or greater value. Prizes may be fulfilled by a third party. If applicable, each Prize Winner bears all risk of loss or damage to Prize after it is placed by Organizer with a third party common carrier for shipment to Winner. If applicable, any Prize elements will be shipped only to an address in the Malaysia. Any unclaimed Prizes will be forfeited, including Prizes that are unable to be claimed due to unsuccessful efforts of a Winner to provide accurate information. The Contest Entities are not responsible for and will not replace any lost, mutilated, or stolen Prizes or any Prize that is undeliverable or does not reach the Winner because of an incorrect or changed address. If a Winner does not accept or use the entire Prize, the unaccepted or unused part of the Prize will be forfeited and the Contest Entities will have no further obligation with respect to that Prize or portion of the Prize.
WINNER DETERMINATION, NOTIFICATION, & PRIZE CLAIMING
A panel of qualified judges from Organizer (the “Contest Judges”), will select the Winners during the Judging Period based on the following criteria: the creativity, design, and aesthetic of the video (40%), the technical skill involved in creating the video and the quality of the video (35%), and overall engagement on posts (25%). Each potential Winner will be notified that they are a potential Winner of the Contest by Instagram direct messaging after the Judging Period. The Contest Entities are not responsible for and will not be liable for late, lost, damaged, intercepted, misdirected, or unsuccessful efforts to notify the potential Winner. When the potential Winner is contacted, he/she will be required to respond within 5 business days providing his/her e-mail address for further verification. Organizer will subsequently contact each potential Winner at the e-mail address provided by potential Winner asking whether he/she accepts the Prize. If no response is received within 5 business days, an alternate Winner will be selected, based on the original criteria. If the Prize notification email is returned as rejected, faulty, unclaimed or returned as undeliverable to the potential Winner, and the potential Winner is unable to be reached by email, that potential Winner (in Organizer’s sole discretion) may be disqualified and an alternate may (in Organizer’ sole discretion) be selected. The Required Documents are subject to verification by Organizer.
Organizer reserve the right to change, add to, delete, suspend, or terminate these Official Rules, the Contest, and the Prizes. We may take any of these actions at any time, and when we do, we may not provide you with any notice beforehand. If we decide not to enforce any term of these Official Rules, that will not constitute a waiver of that term. Organizer are not responsible for lost, misdirected, misplaced, tampered with, deleted, or invalid entries. Organizer reserve the right to disqualify any Entrant found to be, or suspected of: (a) tampering with the entry process or the operation of the Contest; (b) acting in violation of these Official Rules; or (c) acting in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten, or harass any other person
TERMS AND CONDITIONS
The Participants grant to Guardian Malaysia the right to use any photos and/or other material received during The Contest or thereafter (including the Participants’ name, email addresses, contact numbers, photos, etc.) for advertising, marketing and communication purposes without compensation to the Participant, his or her successors or assigns, or any other entity.
All entries must be original and not infringe any intellectual property rights owned by any party. Participants may not raise, circulate, reproduce or otherwise furnish, any materials containing intellectual property rights of any other party, including but not limited to copyright, or other proprietary information held by the other party without the prior written permission of the owner of intellectual property rights or proprietary information. If you believe your work has been tampered with and displayed in violation of intellectual property rights, please contact Guardian Malaysia.
By submitting your participation to this Contest, all participants agree and acknowledge that all intellectual property rights in all entries will belong to the Guardian Malaysia. Guardian Malaysia reserves the exclusive right to use, edit, modify and publish the entries submitted by all participants, publishing the names of the participants, in such manner as it thinks fit for any advertising, trade, promotion purposes and for any other reason however, without prior notice to participants and participants shall not claim ownership or any payment or compensation in relation to any of this information or their entry.
By participating in the Contest, the Participants:
Agree to the use of their name, photograph, caricature, voice, biographical material and/or likeness, without compensation by the organizer and/or any party authorized by the organizer in connection with the Contest.
Grants the Organizer and any party authorized by the Organizer and irrevocable, worldwide, perpetual, royalty-free right and license to use any material submitted as a part of their entry into the Contest, the photos, and any footage or materials that features or otherwise includes the Winners (collectively known as “the Works”) in any manner, for any purpose the organizers may see fit, in all forms of media now known or hereafter invented
To the fullest extent permitted by law, waive any moral rights or similar rights they may have in the Works or any part thereof throughout the world.
Undertake not to object to any use of the Works by the Organizer or any party authorized by the Organizer.
Without in anyway limiting the scope of the Terms, hereby release the Organizer or any party authorized by the Organizer from any and all claims and causes of action for libel, slander, invasion of rights or privacy or publicity, or for any other claim or cause of action based upon, relating to, or in connection with the use made by the Organizer or any party authorized by the Organizer of any of the rights granted above
The winner may be required to take part in promotional activity related to the Prize Draw and the winner shall participate in such activity on Guardian Malaysia's reasonable request. The winner consents to the use by Guardian Malaysia and its related companies, both before and after the closing date of the Prize Draw for an unlimited time, of the winner's voice, image, photograph and name for publicity purposes (in any medium, including still photographs and films, and on the internet, including any websites hosted by Guardian Malaysia and its related companies) and in advertising, marketing or promotional material without additional compensation or prior notice and, in entering the Prize Draw, all entrants consent to the same.
Entrant gives consent for Organizer to obtain and deliver Entrant’s name, address and other information to third parties for the purpose of administering this Contest and to comply with applicable laws, regulations and rules. Any information Entrant provides to Organizer may be used to communicate with Entrant in relation to this Contest or on a Contest Winners list.
The Participant agrees that they are solely responsible for the content submitted. To the extent permitted by law, Guardian Malaysia shall not be liable in any way for such content. Guardian Malaysia reserves the right to release any content without notice of any reason whatsoever. The Participant warrants and agrees that:
They will not produce any content that is unlawful or fraudulent, or that Guardian Malaysia may consider whether it violates any intellectual property, privacy, publicity or other rights, defamatory, contemptuous, obscene, or sexually abusive appropriate, violent, abusive, harassing, threatening, unpleasant in relation to race, religion, origination or gender, unsuitable for children under the age of 18, or otherwise inappropriate for publication;
They will obtain prior permission from any individual or property appearing in their content;
They will obtain full consent in advance of any individual who has created or have any rights in the content, for the use and the terms herein together;
The content shall not contain a virus or cause injury or harm to any individual or entity; and
They will comply with all applicable laws and regulations, including without limitation, individuals who control copyright, content, defamation, privacy, publicity and access or use of computers or other individual communication systems
Guardian Malaysia reserves the right to reject any entries that are incorrect, incomplete, suspicious or invalid. The Participant agrees not to knowingly damage or cause interruption to the Contest and/or prevent others from entering the Contest.
Guardian Malaysia and its respective parent companies, affiliates, subsidiaries, licensees, directors, officers, agents, independent contractors, advertising, promotion, and fulfilment agencies, and legal advisors are not responsible for and shall not be liable for:
Disruption, network congestion, malicious virus attacks, unauthorized data hacking, data corruption and server hardware failure or otherwise; any technical errors, whether due to inaccessibility of internet network
Telephone, electronic, hardware or software program, network, internet, server or computer malfunctions, failures, interruptions, miscommunications or difficulties of any kind, whether human, mechanical or electrical, including, without limitation, the incorrect or inaccurate capture of entry information online;
Late, lost, delayed, misdirected, incomplete, illegible or unintelligible communication including but not limited to e-mails;
Failed, incomplete, lost, garbled, jumbled, interrupted, unavailable or delayed computer transmissions;
Any condition caused by events beyond the control of the Guardian Malaysia that may cause the Contest to be disrupted or corrupted;
Any injuries, losses, or damages of any kind arising in connection with or as a result of the gift, or acceptance, possession, or use of the Prize, or from participation in the Contest. For the avoidance of doubt, the Prizes are provided by Guardian Malaysia. The Participant hereby acknowledge and agree that Guardian Malaysia excludes all warranty and/or liability in connection with the awarded Prizes and/or the Contest. The Participant shall assume full liability and responsibility in case of any liability, mishap, injury, loss, damage, claim or accident (including personal injury and/or death) resulting from their participation in the Contest, redemption and/or usage of the Prizes. Guardian Malaysia shall not be held responsible for any loss, damage or injury (including death) in any manner whatsoever suffered by the Participant as a result of the participation in the Contest and/or the use of the Prizes; or
Any printing or typographical errors in any materials associated with the Contest.
By participating in the Contest, each participant agrees to release and hold Guardian Malaysia and its employees, officers, directors, shareholders, agents, representatives, parent companies affiliates, subsidiaries, licensees, advertising, promotion, and fulfilment agencies, and legal advisors, harmless from any and all losses, damages, rights, claims and actions of any kind in connection with the Contest or resulting from acceptance, possession, use or misuse of the Prize, or travel to or from any gift-related activity, including without limitation, personal injury, death, and property damage, and claims based on publicity rights, defamation, or invasion of privacy.
Guardian Malaysia and its respective parent companies, subsidiaries, affiliates, licensees, directors, officers, employees, agents, independent contractors and advertising/promotion agencies make no warranties, express or implied, in fact or in law, relative to the use or enjoyment of the Prize, including, without limitation, their quality, merchantability or fitness for a particular purpose.
By participating in the Contest, winners agree to grant Guardian Malaysia and their respective parent companies, subsidiaries, affiliates, licensees, directors, officers, agents, independent contractors and advertising/promotion agencies the use of data collected through the Contest website, likeness, biographical data and statements for purposes, including, without limitation, advertising, trade, or promotion, in perpetuity, in any and all media now known or hereafter devised, without compensation, unless prohibited by law. If the winners cannot be contacted and/or the registration is ineligible and/or fails to claim a Prize and/or fails to timely return the completed and executed declaration and releases as required, the Prize may be forfeited and an alternate winner may be selected. Refusal or return of the winners’ notification as undelivered will also result in disqualification and an alternate winner may be selected. Appeals to check the status of entries will not be entertained.
Guardian Malaysia reserves the right to end the Contest earlier or extend the Contest Period at its own discretion.
All costs, fees and/or expenses incurred or to be incurred by the Winners in relation to the Contest and/or to claim the Prize(s), which shall include but not limited to the costs for transportation, postage/courier, personal costs and/or any other costs, are the sole responsibility of the Winners. Guardian Malaysia will not be responsible for any loss or damages during prize delivery.
The organizer reserves the right in its sole and absolute discretion to change the prizes as it sees fit, and deal with any unclaimed prizes in any manner. Any change will be final and binding upon every Participant in the Contest.
The Prizes are non-negotiable, non-transferable, non-refundable and not exchangeable for cash, credit or kind, either in part or in full except at, the sole and absolute discretion of the organizer and is subject to the terms and conditions accompanying the Prize. The Prize cannot be sold or bartered. There is no refund for a partially used Prize. The Organizer may at its sole and absolute discretion withdraw and/or substitute any Prize with any other item of similar value without notice and without furnishing any reason. Unless otherwise stated, the Winner is solely responsible for any and all taxes and/or fees as well as all additional costs that may be incurred in relation to the Prize.
The Winners of the Contest are not allowed to represent and/or endorse any other brands, companies or entities that are directly or indirectly in competition with the Guardian brand, or be detrimental to the brand, for as long as the entire contract term.
Judges’ decisions are final and any complains will not be entertained.
By participating in the Contest, the Participant hereby agrees that he/she shall not, directly or indirectly, give, promise or offer and undertake not to give, promise or offer money, donations, gifts or other benefits whatsoever in order to influence with corrupt intent the Organizer or any private person or business, or any employee or public international authority, or anyone acting on the Organizer’s behalf, in the exercise of authority or in connection with obtaining any improper benefit or advantage with respect to this Contest or any matter covered by these Terms or otherwise take any action (or fail to take action when required) that would violate any applicable laws, including but not limited to any applicable local laws and/or regulations.
Participation in the Contest constitutes the participant’s full and unconditional agreement to and acceptance of these Terms & Conditions.
Guardian Malaysia reserves the right to omit, add or amend these Terms and Conditions at any time without any prior notice. Any new or amended Terms and Conditions will supersede the existing Terms and Conditions with immediate effect.
The invalidity, illegality or unenforceability of any terms hereunder shall not affect or impair the continuation in force of the remainder of the Terms and Conditions of this Contest.
PRIVACY NOTICE PURSUANT TO PERSONAL DATA PROTECTION ACT 2010
Guardian Malaysia has taken the relevant cautionary and security measures to ensure the safekeeping all of the Participants’ personal data, and requires all third party data processors to comply with the same measures. Please note, however, that Guardian Malaysia can present the Participants’ personal data should it be required to do so by the law, or by a search warrant, subpoena, or court order In compliance with the laws of Malaysia, the Participants hereby consent and authorize Guardian Malaysia to collect, process, to safe keep the required details and to disclose the Participant(s) personal details to the related parties involve in organizing this Contest. Any withdrawal of the Participant(s)’ consent given shall be made in writing and received by Guardian Malaysia before the expiry of the Contest Period and in such event, the Participant(s) shall be deemed to have withdrawn from the Contest.
Under the laws of Malaysia, the rights of Participants include:
The right to withdraw consent for the use of their personal details at any time by contacting Guardian Malaysia and providing Guardian Malaysia with the name and e-mail address of the Participant so Guardian Malaysia can issue it.
The right to obtain a copy of the personal data held by Guardian Malaysia of the Participant [Guardian Malaysia reserves the right to charge a small fee to exercise this right].
The right to correct inaccurate personal data held by Guardian Malaysia.
Participant has the right to obtain access, request correction or withdraw consent to disclose any personal information held by the Organiser. Such request can be made via Facebook message at Guardian’s official Facebook page, www.facebook.com/guardianmalaysia or by post to the following address;
Guardian Health And Beauty Sdn. Bhd.
Mezzanine Floor, Giant Hypermarket Shah Alam Stadium,
Lot 2, Persiaran Sukan,
Seksyen 13, 40100
Shah Alam Selangor.