PROMOTION TERMS AND CONDITIONS
- 1) As a pre-condition of entry to any games, quizzes, contests, giveaways, promotions and/or any other promotional activities organized by LG Electronics (M) SDN. BHD. (Company No. 505660-U) (“LGE”) or involving LGE in any way (singularly “Promotional Activity” and collectively “Promotional Activities”), the participant is obliged to agree to LGE’s access and use of the participant’s Personal Information for such purposes. By submitting an entry or entries to LGE to participate in a Promotional Activity, the participant is acknowledging and agreeing with the following:
- (i) The information collected by the Organizers which are submitted and/or will be submitted by the participant or on behalf of the participant will be for the following purpose(s) (“Purpose”):
- (i) The Organizers of the Promotional Activity to organize, manage and administer the Promotional Activity; and
- (ii) The Organizers may use the participant’s information, personal data, including sensitive personal data, and/or disclose such information to relevant government authorities and/or any relevant third parties, including but not limited to the Organizers’ affiliates, legal or other professional advisers, consultants, agents, for the Purpose.
- (iii) Such government authorities and/or third parties may be located outside the participant’s country of residence and LGE may transfer the participant’s information, personal data, including sensitive personal data outside the participant’s country of residence for the Purpose.
- (v) The Participant hereby release the Organizers, the relevant government authorities, and/or the relevant third parties from any and all liability in relation to their use, collection, disclosure and processing of the participant’s information, personal data, including sensitive personal data, in the manner and for the Purpose as described herein
- (i) The information collected by the Organizers which are submitted and/or will be submitted by the participant or on behalf of the participant will be for the following purpose(s) (“Purpose”):
- 2) For the avoidance of doubt, LGE does not intentionally or knowingly collect or directly solicit personal information from children and minors or intentionally or knowingly allow such persons to participate in the Promotional Activity without parental consent. Anyone under the Age of Majority of his/her country of residence who wishes to submit his/her personal information to Organizers may get a parent or a legal guardian to do so on behalf.
- 3) Directors, officers and employees of LGE, its respective parent, subsidiaries and affiliated companies, advertising, promotional and judging agencies, business partners involved in the Promotional Activity, entities (businesses and natural persons) engaged in the development, production or distribution of materials for the Promotional Activity (“Organizers”), and their immediate family members (parent, child, sibling, and spouse of each) of and/or persons living in the same household as such individuals (whether related or not) are not eligible to participate. LGE reserves the right to seek supporting documentation to verify an individual’s eligibility to participate and to issue the prize/gift to another participant(s) if the individual cannot prove, upon LGE’s demand, that the individual has met and satisfied all the requirements and has complied with LGE Promotional Activity Terms and Conditions.
- 4) To the maximum extent permissible under law, LGE reserves the right to change the eligibility criteria at any time (with or without notice or reason) and/or determine, at its sole discretion, whether any participants should be excluded from entering or participating in the Promotional Activity.
- 5) Promotional Activities which require proof of purchase of eligible products
- Unless otherwise provided under the Official Rules and/or Promotional Activity Details, the following provision(s) will apply to Promotional Activities which require proof of purchase of eligible products:-
- (i) Products not new, not original and/or not purchased directly from Participating Retailers/Participating Businesses/Participating Stores, whether offline or online, (including but not limited to ‘grey’ or ‘parallel’ imports) are not qualifying eligible products for the participant’s participation in any Promotional Activity.
- (ii) References made to “Participating Retailers”, “Participating Businesses”, “Participating Stores”, or any similar connotations under LGE Promotional Activity Terms and Conditions shall refer to selected LGE authorized distributors, dealers and retailers in the country applicable or relevant to the Promotional Activity only. If in doubt, please refer to the Official Rules or contact LGE directly to verify before purchase and/or sending an entry or entries to LGE.
- 6) Promotional Activities involving Trade-In
- Unless otherwise provided under the Official Rules and/or Promotional Activity Details, the following provision(s) will apply to Promotional Activities involving Trade-In:-
- (i) All items submitted for trade-in will become the property of LGE.
- (ii) By participating in the Promotional Activity, the participant is confirming and warranting the following:-
- (a) the item(s) submitted or to be submitted for trade-in is in the country/region/location where the Promotional Activity is held and that the participant has a physical address in that country/region/location. Products sent from outside the country/region/location where the Promotional Activity is held will not be accepted or returned;
- (b) the participant has the authorization, legal and equitable rights to submit the item(s) to LGE for trade-in; and
- (c) the item(s) submitted or to be submitted for trade-in are not counterfeit, stolen or illegal in any way and that the participant’s participation in the Promotional Activity is not illegal and will not be a beach or violation of any rights, interests, duties and/or obligations in any way.
- 7) Promotional Activities involving shopping/discount vouchers
- Unless otherwise provided under the Official Rules and/or Promotional Activity Details, the following provision(s) will apply to Promotional Activities involving shopping/discount vouchers:-
- (i) The participant shall have to abide by a separate set of terms and conditions which govern the use of the shopping/discount vouchers.
- (ii) Any shopping/discount voucher(s) not claimed or not used accordingly will be forfeited without any liability on the part of the Organizers.
- 8) In addition to any other rights, LGE shall have the right at its sole discretion to disqualify any participant who tampers with the entry process or with the operation of the Promotional Activity. This shall be determined by LGE and at LGE’s absolute discretion and shall not be deemed to be in violation of LGE Promotional Activity Terms and Conditions.
- 9) Participant’s entry in the Promotional Activity may be limited or restricted by applicable laws or regulations of the country where the participants reside. Therefore, the participants are obligated to supply complete, truthful, legible and correct information as requested. LGE reserves the right to verify the eligibility of participants and revoke the eligibility of participants if information submitted is incomplete, illegible, indecipherable or incorrect.
- 10) (i) The prizes and gifts are limited in quantity. (ii) Unless otherwise provided under the Official Rules and/or Promotional Activity Details, the prizes and gifts will be given on a first-come-first serve, whilst stock lasts, basis. (iii) For Promotional Activities involving contests and competitions, winners will be determined based on skill, creativity and/or knowledge of the participants of such Promotional Activities and/or such other manner as may be expressly permitted by the relevant local authorities.
- 11) The prizes and gifts may consist of intellectual property rights of and/or materials exclusive to LGE and/or third parties. As such, any unauthorized amendment, copying or distribution of such intellectual property / material is strictly prohibited.
- 12) There shall be no cash prizes/gifts under any and all circumstances. LGE may at its sole discretion at any time substitute or replace any prize/gift with any other prize/gift of equal or similar value. All prizes and gifts are not transferable or exchangeable for cash, credit or any other items.
- 13) Unless otherwise provided under the Official Rules and/or Promotional Activity Details, costs and expenses relating to the collection or delivery of the prize/gift as well as all other auxiliary expenses, taxes and charges related to the prize/gift shall be borne by the winner/recipient of the prize/gift.
- 14) Relevant tax authorities may impose taxes on prizes/gifts and the winner/recipient of the prize/gift shall be responsible for any tax arising thereof. Winners/recipients may also be subjected to income reporting requirements and, if applicable, the payment of any taxes due pursuant to such laws, rules and regulations of the recipients’ country of residence.
- 15) The limited standard product warranty from the manufacturer of the prizes and gifts, if applicable, will constitute the winner’s/recipient’s sole and exclusive remedy with respect to the prizes/gifts given away under the Promotional Activity, and are in lieu of, and the winners and recipients hereby waives, all other warranties, guaranties, conditions or liabilities, express or implied, by law or otherwise. The participant understands and agrees that the prizes/gifts are awarded on “AS IS” and “AS AVAILABLE” basis. Unless otherwise provided under the Official Rules and/or Promotional Activity Details, accessories, consumables, installation, licenses, permits and/or any other items in connection with the prizes / gifts, whether or not, such items are required or necessary for the prizes/gifts to function or operate normally, will be excluded. Any and all implied warranties (including but not limited to warranties of merchantability and fitness for a particular purpose) do not apply to the prizes/gifts given away under the Promotional Activity.
- 16) LGE may at its discretion require winners/recipients to self collect the prizes/gifts at the address to be specified by LGE or LGE may deliver the prizes/gifts via normal post to the winners/recipients. Delivery services may not be available as an option to winners/recipients.
- (a) Self Collection: Prizes/gifts can only be collected by a winner or his/her representative who is above the age of majority of Malaysia. Letter of authorization and identification of the authorized person must be produced and subject to LGE’s acceptance.
- (b) Delivery (if applicable):(i) In the event where LGE determines that the prizes/gifts will be delivered to the winners/recipients, the winners/recipients will have to contact LGE to provide their personal particulars via email or post within 72 hours of receipt of notification or forfeit the prize/gift. Delivery time may take 4 to 6 weeks depending on locations and subject to force majeure events. (ii) Any damage to a package during shipment must be reported immediately and will be handled and covered by the shipping company in accordance with their policies. (iii) The winner/recipient may have to pay import taxes, custom duty etc. in compliance with applicable law of any government. Non-compliance with such regulation can result in delivery being delayed or returned. (iv) If the winner/recipient is not available at the time of delivery, the package may be delivered to an alternative recipient at the same postal address who has agreed to take the prize/gift on behalf and sign the delivery receipt. (v) The winner/recipient must notify us in writing at least 7 working days in advance if the winner/recipient does not wish the prize/gift to be received by an alternative recipient at the same postal address.
- 17) If a selected winner/recipient (i) cannot be contacted after a reasonable attempt has been made by the Organizers (ii) fails to complete or duly return the paperwork in the form as required by the Organizers within seven (7) working days; (iii) refuses to accept the prize/gift; (iv) the prize/gift remains uncollected within three (3) months; and/or (v) the prize is rejected or returned as undeliverable, it shall be deemed that such a winner/recipient has automatically waived all rights to claim for the prize/gift, and the Organizers may at their sole discretion choose to pick an alternative winner/recipient. To claim for the prize/gift, each selected winner/recipient may be required to sign and return to the Organizers an Affidavit of Eligibility/Liability Release Form including, if so required under applicable laws, a publicity release form within seven (7) working days of notification date. Any such documents not duly completed and/or returned to the Organizers within the due date specified in the notification correspondence; non-compliance with LGE Promotional Activity Terms and Conditions; and/or notification returned as undeliverable; may result in the forfeiture of the prize/gift. Acceptance of the allocated prize/gift shall constitute and signify winner’s/recipient’s express agreement and consent that LGE may use the winner’s/recipient’s name, city, state, likeness, and/or prize/ gift information in connection with the Promotional Activity, worldwide, via any media including the Internet, without limitation and without further payment or consideration, except where prohibited by law. LGE shall have no liability whatsoever should LGE chooses to exercise or refrain from exercising any of its rights pursuant to this provision.
- 18) The winners will be published on LG Malaysia Fan Page on FACEBOOK (www.facebook.com/LGEMalaysia) following the selection of the said winners/recipients.
- i) LGE shall have the right to publish the names of the winners/recipients of the prizes/gifts in newspapers, on its website and in its promotional materials.
- ii) Any prize/gift not claimed in accordance with LGE Promotional Activity Terms and Conditions will be forfeited without any liability on the part of LGE to the winner/recipient, and the prize/gift (or its equivalent monetary value) may then be donated by LGE to the Community Chest, or any other recognized charitable organizations as required under law.
- iii) If LGE subsequently discovers that any winner/recipient was in fact not eligible to participate in the Promotional Activity, LGE shall reserve the right to reclaim the prize/gift, if already claimed by the supposed winner or recipient and dispose of the said prize/gift in such manner and to such charitable organizations as LGE deems fit or in compliance with relevant laws and regulations.
- 19) Limitation of Liability
- i) To the maximum extent permissible under applicable laws and regulations, the Organizers shall not have any liability to the participants or any third party, howsoever arising and under any cause of action or theory of liability, in respect of direct, special, indirect or consequential damages, loss of profit (whether direct or indirect), loss of data or loss of business opportunity arising out of the Promotional Activity, prizes and/or gifts. The aggregate liability of the Organizers arising out of the Promotional Activity, prizes and/or gifts shall be limited to the total market value of the prize/gift or 50 USD, whichever lower.
- ii) The participant hereby agrees that the Participant will keep harmless the Organizers from, and that the Organizers shall not be responsible or liable for, any claims, losses, liability, and damages of any kind asserted against any of them, incurred, sustained, or arising in connection with the participant’s entry in the Promotional Activity or the acceptance or misuse of any prize/gift including but not limited to, any injury, death, damage, loss, or accident to person or property which may arise thereof, or from the respective participant’s illegal acts, breach or violation of any rights, interests, duties and/or obligations in any way.
- iii) The participant hereby acknowledges and agrees to waive any of its rights, if any, to take legal action against the Organizers and that, to the fullest extent permitted by applicable laws, the Organizers shall have the right to seek damages or other remedies from the participant if the participant attempts to damage any websites related to the Organizers or undermine the operation of this Promotional Activity in any way.
- 20) General
- i) LGE may, at any time in its sole and absolute discretion, with or without notice, vary, modify, delete or add to LGE Promotional Activity Terms and Conditions, or withdraw or discontinue the Promotional Activity, at any time without notice, obligation or liability.
- ii) LGE's decision on all matters relating to the Promotional Activity, prizes and/or gifts shall be final, binding and conclusive, and no appeals and/or correspondences will be entertained.
- iii) All entries will become the property of LGE. By entering into the Promotional Activity, the participant hereby irrevocably assigns to LGE a perpetual, world-wide, royalty free, irrevocable, non-exclusive license to use, reproduce, transmit, modify, translate, distribute, perform and display the entry, in whole or in part and alone or as part of other works in any form, format, media or technology now existing or hereinafter developed, and to sublicense such rights, in whole or in part, to others for marketing purposes. The participant also irrevocably consents to information contained within the entry being made available to affiliates and authorized business partners of LGE, which may be outside his/her country of residence. All intellectual property rights vested in or arising out of the Promotional Activity shall, at all times, belong to LGE.
- iv) Information (including but not limited to information relating to product features, functionality, technology, specifications, prices, gifts, prizes, availability and promotional activities) provided by LGE may be specific to a certain quantity, situation, country, location, region and/or time period based on information available at time of print. Due to price volatility, currency and availability fluctuations, including but not limited to any other factors outside LGE’s control, all information provided by LGE are subject to change without notice, obligation or liability. Information provided by LGE serves as estimates/indications only and do not constitute authorization, endorsement, guarantee, warranty, license, offer, permission, recommendation or representation of any kind. Information provided by LGE as well as activities organized by LGE may vary from those offered by sellers (including but not limited to participating stores, retailers or businesses). In addition, information and activities among sellers (including but not limited to including but not limited to participating stores or businesses) ,which are outside LGE’s control, may also vary. While all efforts are made to check for errors, inadvertent errors do occur from time to time. Organizers, including participating stores, retailers or businesses, reserve the right to decline claims arising from such errors .
- v) The laws of Malaysia shall govern LGE Promotional Activity Terms and Conditions. In the event of disputes (dispute, controversy or policy related matters) arising out of the Promotional Activity, the participant agrees to first refer the matter for mediation. Neither party shall be prevented from referring the matter to local consumer tribunals or arbitration.
- 21) Contact Information
For information relating to the Promotional Activity: 1800-822-822 / www.lg.com/my
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