1. Interpretation | |
In these Terms and Conditions (“T&C”): | |
(a) | the expressions 'w', 'us' and 'our' are a reference to Organiser (as herein defined), while the expressions ‘you’, ‘your’, ‘Participant(s) and Voter(s)’ are a reference to you, the participant of the Competition (as herein defined); |
(b) | the word 'information' includes (but is not limited to) personal information, elaborations, explanations, notices, data, drawings, images, videos, written content, documents and computer files; |
(c) | headings are for convenience only and do not affect interpretation; |
(d) | the singular includes the plural and the masculine shall include the feminine and the neutral gender and vice versa; |
(e) | an expression importing a natural person includes any corporation or other body corporate, partnership, association, public authority, two or more persons having a joint or common interest, or any other legal or commercial entity or undertaking; |
(f) | references herein to Clauses are to clauses in these T&C unless the context requires otherwise; and |
(g) | “Official Media Channels” means the LovePENANG website at www.LovePG.my, the LovePENANG Facebook Page and the LovePENANG application. |
2. Introduction | |
LovePENANG Street Food Competition (hereinafter referred to as “Competition”) is a food competition organised and conducted by LovePENANG (hereinafter referred to as “Organiser”). These official T&C shall govern participation in the Competition.
Organiser’s contact details: admin@LovePG.my |
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3. Acceptance of T&C | |
By submitting an application and/or participating in the Competition, you are deemed to have read, understood, unconditionally accept and agree to these T&C, as amended from time to time. By submitting an application and/or participating in the Competition, you further agree to comply with and be bound by the terms of Organisers’ policies (“Policies”), including, without limitation, the Terms of Use and Privacy Policy (both of which you can find on https://lovepg.my/web/privacy_policy), which are incorporated herein by reference. We reserve the right to revise and update these T&C and the Policies at any time, without notice to you. The changes or additional T&C and/or Policies (as the case may be) are effective immediately upon their publication. Your application & participation in the Competition will mean you acknowledge and accept those changes. It shall be your sole responsibility to check these T&C and the Policies for updates from time to time, which you can access at http://www.LovePG.my in the Street Food Competition section (“Street Food Section”). |
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4. General Provisions | |
4.1 | The competition shall commence and close according to the time published at http://www.LovePG.my (“Competition Period”). |
4.2 | In the event the Competition Period is extended, notification of such extension shall be published on the Official Media Channels. |
5. Street Food Competition | |
5.1 | Eligibility |
(a) |
Entries to the Competition may only be made by the following food entities or operators (“Participants”) who meet the following requirements:
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(b) |
At the Organiser’s sole, absolute and final discretion, an invitation may be offered to street food operators in our pre-existing list of:
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(c) | Organiser shall have the right to limit the number of Participants in the Competition, at its sole, absolute and final discretion. |
(d) | You must ensure that you comply with all the requirements set out in Clause 5.1 in order to apply & participate in the Competition. |
(e) | The Organiser reserves sole, absolute and final right and discretion in relation to offering invitations to Participants and/or accepting Participant’s applications. Any decisions made by the Organiser concerning Participant’s eligibility shall be final and reasons need not be provided. |
5.2 | Application/Registration Procedure |
(a) | There is no registration or participation fee to enter this Competition. |
(b) | Participants must register to the Competition in order to guarantee their place within the Competition. |
(c) | The link to apply for registration can be found at http://www.LovePG.my in the Street Food Section. |
(d) | Participants shall register their nominated food (“Entry”) based on the predetermined categories published in the Official Media Channels. Each Entry may only be registered under one category. Participants with more than one Entry may register each Entry in its respective category. |
(e) | The Organiser accepts no responsibility for any Competition Entry that is incomplete, insufficient, unreadable, ineligible, corrupted, misdirected, lost or delayed or is unable to be sent/published due to technical or transmission failures of any kind or any other reason. |
5.3 | Competition Process |
(a) | Individuals from the general population of Malaysia (whether a resident of Malaysia or otherwise) (“Voters”) may rate/vote for any Entry of the Participants in a particular category but will be limited to one (1) rating/vote for an Entry related to a specific Participant. Any subsequent rating/vote shall replace the former. |
(b) | The Entry with the highest point aggregate in the respective category at the end of the Competition Period shall be the winner of the said category. The Entry must have at least 10 ratings/votes per day on average to qualify to be a winner of the said category. |
6. How to Vote | |
6.1 | Voters may only rate/vote using the LovePENANG website or application. Voters must have an account in order to rate/vote. |
6.2 | When assigning a rating/vote, Voters may choose a value between one (1) to five (5) to indicate their preference. |
6.3 | Logged-in users of the LovePENANG application will receive reward points when rating/voting. Only users of the LovePENANG application will have the ability to access certain reward point earning activities and view the total reward point accumulation. Reward point accumulation shall be as stipulated at http://www.LovePG.my in the Street Food Section. |
6.4 | Voters who accumulate the most number of points at the end of the Event Date will be eligible for a prize (“Voter Winners”). Voters must accumulate more than three hundred (300) points in order to be eligible. |
6.5 | Prizes for eligible winners will be determined based on the amount of reward points accumulated, calculated in priority from the highest amount of points and subsequently in descending order. |
7. Prizes & Winners | |
7.1 | Competition prize pool distribution: Street Food Competition Prizes The number and types of prizes shall be as published at http://www.LovePG.my in the Street Food Section. Voter Winners Prizes The number of prizes shall be published on the Organiser’s Official Media Channels. |
7.2 | Participant winners of the Competition and Voter Winners will be notified through the Official Media Channels. In the event a winner rejects the prize, remains un-contactable for a period of more than seven (7) days, or in any manner commits any act which is likely to tarnish, discredit, or in any manner, adversely affect the image and reputation of the Competition or the Organiser or entities associated with the Competition or the Organiser, the Organiser reserves the right, at Organiser’s sole, absolute and final discretion, to forfeit such winner’s prize. |
7.3 | Prize winners acknowledge, agree and consent to the publication of your name and other details on our Official Media Channels for publicity purposes. |
8. General Conduct | |
8.1 | Participants are expected to conduct themselves and compete with the spirit of fairness and honesty, maintaining a friendly and polite demeanour in activities involving other Participants and the public in general. |
8.2 | The Organiser shall have, at its sole, absolute and final discretion, the right to, disqualify and dismiss any registered Participant from the Competition. |
8.3 | Participants using manipulation and/or any unfair means to influence the outcome of their ratings/voting will be disqualified. |
8.4 | Examples of manipulation and/or unfair means of influencing the outcome include, but are not limited to: |
(a) | online vote buying – paying Voters to provide a higher vote/rating for the purpose of gaining an unfair advantage; |
(b) | creating fake accounts – the act of creating multiple fake and fraudulent accounts for the purpose of gaining an unfair advantage; and/or |
(c) | defaming – the act of intentionally damaging the reputation of another Participant to gain an advantage in the Competition. |
9. Miscellaneous | |
9.1 | You agree to evaluate, and bear all risks associated with and the participation in the Competition. |
9.2 | To the extent permitted by applicable laws, Organiser shall not be liable for any liability, harm, loss, damages or expenses caused and/or suffered by you as a result of participation in the Competition. |
9.3 | The Organiser makes no warranties and hereby declines any warranties, express or implied, regarding any prize provided in connection with the Competition. In no way limiting the generality of the foregoing and without cancelling other agreements that apply to you as a participant in a Competition, we hereby disclaim all warranties and conditions, whether express, implied, statutory or otherwise, in relation to the game software, the equipment and the operation of the Competition. |
9.4 | Organiser is not responsible for any liability for any direct, indirect, incidental, consequential, exemplary, punitive or other damages resulting from your participation in the Competition. |
9.5 | If, notwithstanding the foregoing, Organiser is found to be liable to you for any damage or loss which arises as a result of participation in the Competition, Organiser’s liability shall not exceed Ringgit Malaysia One Hundred Only (RM100.00). |
9.6 | You agree to release, forever discharge, indemnify, defend and hold harmless Organiser and its officers, directors, shareholders, partners, licensors, employees, agents, staff, hires, advisors, contractors and authorized representatives from and against any liability, loss injury (including injuries resulting in death), demand, action, cost, expense, or claim of any kind, including but not limited to lawyer's fees, relating in any way to participation in the Competition, your violation of these T&C, and/or your violation of any rights of another person. |
9.7 | Organiser is under no obligation to enforce these T&C on your behalf against another person. |
9.8 | These T&C shall be governed by the laws of Malaysia and any matter or dispute arising in connection with them shall be subject to the exclusive jurisdiction of the courts in Malaysia. However, we retain the right to bring legal proceedings in any jurisdiction where we believe that infringement of these T&C is taking place or originating. |
9.9 | You agree that the Organiser is not responsible for the actions of Participants in connection with the Competition, including any Participant’s attempts to circumvent the rules or otherwise interfere with the administration, security, honesty, fairness or proper conduct of the Competition. |
9.10 | The Organiser makes no warranties and hereby declines any warranties, express or implied, regarding any prize provided in connection with the Competition. In no way limiting the generality of the foregoing and without cancelling other agreements that apply to you in a Competition, we hereby disclaim all warranties and conditions, whether express, implied, statutory or otherwise, in relation to the game software, the equipment and the operation of the Competition. |
9.11 | These T&C shall be governed by the laws of Malaysia and any matter or dispute arising in connection with them shall be subject to the exclusive jurisdiction of the courts in Malaysia. However, we retain the right to bring legal proceedings in any jurisdiction where we believe that infringement of these T&C is taking place or originating. |
9.12 | You are not permitted, without our prior written consent, to assign or transfer any of your rights, duties or obligations under these T&C. We may, however, at any time and with no notice to you assign or transfer to any third party any of our rights, duties or obligations under these T&C. |
9.13 | You hereby waive any and all defenses you may have based on the electronic form of these T&C and the lack of physical signing by the parties hereto to execute these T&C. You agree that these T&C will not be construed against us by virtue of us having drafted them. |