SPOT & WIN Facebook Contest 2021 | TERMS AND CONDITIONS

ORGANISER AND ELIGIBILITY

1. The Guardian Malaysia Spot & Win Contest is organised by Guardian Health And Beauty Sdn Bhd (“Guardian Malaysia”) and is open to all Malaysian citizens residing in Malaysia age 18 years old and above. (each a “Participant”, or collectively the “Participants”). Participants below the age of 18 years old are required to seek parental or guardian consent.

2. The following individuals are not eligible to participate in this Contest:

a. Employees of Guardian Malaysia [including associated and related companies] and their immediate family members [spouses, children, parents, siblings, including their spouse]; and / or

b. Representatives, suppliers, employees, and / or agents of advertising services and/ or promotional service providers of Guardian Malaysia [including associated and related companies], and their immediate family members [spouses, children, parents, siblings, including their spouses].

CONTEST PERIOD

1. The Contest will run for 20 days, starting from 7 April 2021 10:00:00 to 26 April 2021 23:59:59 following (UTC+08:00) Kuala Lumpur, Singapore time zone (“Contest Period”).

2. Entries received outside the Contest Period will be automatically disqualified.

CONTEST MECHANICS

1. Visit Guardian E-Catalogue: www.guardiancatalogue.com.my

2. Spot the moving “60% OFF on 2nd Item” icon and screenshot it (the page).

3. Share the screenshot page in the comment column of the Spot & Win Facebook Contest Posting. Create a creative caption and start sentence with ‘I love shopping at Guardian because…’.

HOW TO WIN

1. Twelve (12) lucky participants determined by Guardian Malaysia panel of judges will be awarded with iPhone 12 (1pax), iPad (1pax) and RM100 Guardian cash voucher (10pax) respectively.

2. Guardian Malaysia’s decision on the winners list is final. No further correspondence or appeal will be entertained.

3. List of winners will be announced on Guardian Malaysia Facebook page.

PRIZES

1. Eligible winners will receive:

Grand Prize - iPhone 12 128GB (Worth Rm4,099)

First Runner up - iPad 128GB (Worth RM1,849)

Consolation Prizes - Guardian Cash Voucher (Worth RM100 each)

2. The maximum number of prizes that an eligible winner (identified by NRIC No) can win under the Contest is one (1) Prize per person.

3. Prizes are not transferable or exchangeable for cash, in part or in full. Guardian Malaysia reserves the right to substitute the prize with that of a similar value at any time.

OWNERSHIP/USE RIGHTS

1. The Participants grant to Guardian Malaysia the right to use any photos and/or other material received during the Contest (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.

2. 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.

3. 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. To avoid doubts, submissions submitted will not be edited for judicial purposes.

4. 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:

a. 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;

b. they will obtain prior permission from any individual or property appearing in their content;

c. 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;

d. The content shall not contain a virus or cause injury or harm to any individual or entity; and

e. 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

5. 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.

6. Guardian Malaysia and its respective parent companies, affiliates, subsidiaries, licensees, directors, officers, agents, independent contractors, advertising, promotion, and fulfillment agencies, and legal advisors are not responsible for and shall not be liable for:-

1. 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

2. 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;

3. late, lost, delayed, misdirected, incomplete, illegible or unintelligible communication including but not limited to e-mails;

4. failed, incomplete, lost, garbled, jumbled, interrupted, unavailable or delayed computer transmissions;

5. any condition caused by events beyond the control of the Guardian Malaysia that may cause the Contest to be disrupted or corrupted;

6. 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; or

7. any printing or typographical errors in any materials associated with the Contest.

2. 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 fulfillment 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.

3. 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.

4. 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.

5. Guardian Malaysia reserves the right to end the Contest earlier or extend the Contest Period at its own discretion.

6. 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.

7. For the avoidance of doubt, the Prizes are provided by Guardian Malaysia. The Participant and/or Winner 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.

PRIVACY NOTICE PURSUANT TO PERSONAL DATA PROTECTION ACT 2010

1. By participating in the Contest and/or providing your personal data to Guardian Malaysia, you warrant and represent that you have read and understood the Privacy Policy enclosed to these Terms and Conditions and you consent to Guardian Malaysia’s processing of your personal data in accordance with said Privacy Policy. You agree to indemnity, defend, and hold Guardian Malaysia harmless against any loss, damages, costs, claims, actions, or liabilities occurring due to your breach of the aforesaid warranty and representation.

2. 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 “The Guardian Malaysia TikTok Challenge 2018” 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.

3. Under the laws of Malaysia, the rights of Participants include:

i. 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.

ii. 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].

iii. the right to correct inaccurate personal data held by Guardian Malaysia.

GENERAL

1. Participation in the Contest constitutes the participant’s full and unconditional agreement to and acceptance of these Terms & Conditions.

2. 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.

3. 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.