Terms and Conditions
The Shell RFID Fuelling Activation Campaign 2023 (“Campaign”) is open to selected Malaysian citizens (i) with a valid national registration identity card, (ii) whose residential address is located in Malaysia, (iii) who are existing users (excluding staff of Touch ‘n Go Sdn Bhd (“TNG”) and TNG Digital Sdn Bhd (“TNGD”)) of the Radio Frequency Identification sticker issued by TNG (“TNG RFID”), (iv) who have not activated the RFID Fuelling function on their Touch ‘n Go eWallet (“TNG eWallet”) and (v) who are selected based on the criteria set by TNG at TNG’s sole discretion.
The Campaign will commence on 15th November 2023 and end on 31st January 2024 (“Campaign Period”).
The Campaign’s mechanics and rewards are as follows:
i. Existing users with an active TNG RFID (“Users”) who are the first twenty-one thousand (21,000) Users to activate the RFID Fuelling function in their TNG eWallet within the Campaign Period, will be eligible to receive a cashback into their TNG eWallet amounting to Ringgit Malaysia (RM5.00) only (“1st Reward”); AND
ii. Users who complete the actions required in Clause 3(i) above and utilise the TNG RFID to purchase at least Ringgit Malaysia Thirty (RM30.00) worth of fuel in one (1) transaction from any participating Shell petrol stations which have enabled refuelling payments via TNG RFID within fourteen (14) days from completing the actions required in Clause 3(i), will be eligible to receive a cashback into their TNG eWallet amounting to Ringgit Malaysia (RM5.00) only (“2nd Reward”).
The 1st Reward and 2nd Reward shall collectively be referred to as the “Rewards” and each a “Reward”. The Users who are eligible to receive any of the Rewards shall be referred to as “Winners”.
The Rewards will be awarded to the Winners via their registered TNG eWallet account, subject to the terms of this Campaign.
For clarification, Users are permitted to participate in both mechanics described in clauses 3(i) and 3(ii) above and are able to receive both the 1st Reward and 2nd Reward, but are only eligible to receive one (1) of each Reward per TNG RFID.
Winners of the Campaign will be determined and rewarded on a monthly basis as follows:
The Winners will receive a notification on their mobile device from their TNG eWallet account notifying them that they have received the Rewards after the Winner selection date and within the Winner fulfilment period specified in Clause 6 above. Winners are responsible to check their notifications on their mobile devices.
For the avoidance of doubt, only twenty-one thousand (21,000) Winners will be eligible to receive each Reward throughout the Campaign Period. If all Winners have been determined prior to the end of the Campaign Period, no further Winners shall be announced.
Winners are personally responsible for ensuring that their personal particulars, contact details and email address have been accurately registered and submitted in the TNG eWallet, and are required to have an active TNG eWallet account on your registered mobile in order to receive the Reward.
TNG and TNGD shall not be held responsible or liable for any misdirected or unsuccessful efforts to notify and award the participant with the Reward, should such misdirection or unsuccessful effort be due to the participant’s failure to accurately submit the necessary details and particulars, in the manner set out in these terms.
The Rewards are not exchangeable, transferable or negotiable. TNG reserves the right to change the Rewards at its discretion to another Reward of similar or lesser value without any prior notice. All selected Winners who have been notified or contacted are deemed final.
Any participant who does not have an active TNG eWallet account, or whose TNG RFID and/or TNG eWallet account is suspended and/or terminated during the Campaign Period shall be automatically disqualified and shall not be eligible to win the Rewards.
TNG will cause the Rewards to be distributed to the Winners and/or Replacement Winners within fifteen (15) working days from the Winner selection date specified in Clause 6. TNG expressly disclaims any and all liabilities arising from any delays, lost, damage or unsuccessful transmission of the Reward.
By participating in the Campaign, you consent and agree:
a. To abide and be bound by the terms and conditions of the Campaign including any amendments or variations thereto as well as any decisions made by TNG;
b. That the Winners will not receive or claim the retail value of the Rewards. The Rewards are non-transferable and non-refundable and no substitutions will be made except as provided herein, in TNG’s sole discretion. The Rewards are not redeemable for cash;
c. For TNG to collect, record, hold, store, use, and disclose your personal data (defined below) for purposes which are necessary or related to the participation in the Campaign;
d. For TNG to disclose or publish your personal data such as your name, identities, and any general information that TNG sees fit, on any media, marketing, or advertising materials;
e. Grant TNG the absolute and unrestricted right to modify, use and publish any still or moving images and written caption of the participants for any promotional, marketing, commercial, or other related purpose, without any payment or compensation; and
f. To abide by TNG’s Terms and Conditions (please refer to www.touchngo.com.my for details). You confirm that all personal information and data (“personal data”) submitted by you to TNG are accurate. You hereby give your consent to TNG to process and/or use any of your data and to release the same to TNG’s related and/or affiliated company, TNG’s existing, future business partners and/or strategic alliances and/or any other third party as TNG may in its absolute discretion deem necessary or expedient for the purpose of marketing and promotion of its products and services. Further and in addition thereto, you hereby confirm that no further permission nor consent from you would be necessary or required in relation thereto and that this shall constitute consent for the processing of you personal data. For more information on the TNG Privacy Notice, please contact TNG’s Careline at 03-2714 8888 or refer to TNG’s Privacy Notice at www.touchngo.com.my.
TNG reserves the right to reject any entry or disqualify any User without assigning any reasons whatsoever and reserves the absolute right to cancel, terminate or suspend the Campaign with or without any prior notice and/or assigning any reason. For the avoidance of doubt, cancellation, termination or suspension by TNG shall not entitle the Users to any claim or compensation against TNG for any and/or all losses or damages suffered or incurred as a direct or indirect result of the act of cancellation, termination or suspension.
TNG, its subsidiaries, affiliates, associated companies and related corporations (as defined under Section 7 of the Companies Act 2016) shall not be liable for any loss (including, without limitation, indirect, special or consequential loss or loss of profits), expense, damage, personal injury or death which is suffered or sustained (whether or not arising from any person's negligence) in connection with the Campaign (in which case that liability is limited to the minimum allowable by law).
The terms and conditions contained herein shall prevail over any inconsistent terms, conditions, provisions or representations contained in any other promotional or advertising materials for the Campaign.
TNG reserves the absolute right to vary, delete or add to any of the terms and conditions of the Campaign in this document (wholly or in part) from time to time without any prior notice to you. TNG’s decision in relation to all aspects of the Campaign is deemed final, binding and conclusive under any circumstances and no correspondence, complaint or appeal whatsoever will be entertained.
These terms and conditions shall be governed by and construed or interpreted in accordance with the laws of Malaysia. Any dispute, controversy, claim or difference arising out of or in connection with these terms and conditions, or the breach, termination or invalidity thereof (“Dispute”) shall be settled, in so far as it is possible, by mutual consultation and consent. Parties hereby submit to the exclusive jurisdiction of the courts of Malaysia in respect of any Dispute.
No failure or delay by TNG in exercising any right, power or privilege under these terms and conditions will operate as a waiver or an estoppel thereof, nor will any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any right, power or privilege hereunder.
If any provision hereunder is held to be illegal, invalid or unenforceable under present or future laws, such provision shall be fully severable and these terms and conditions shall be construed and enforced as if such illegal, invalid or unenforceable provision had never comprised a part hereof and the remaining provisions shall remain in full force and effect and shall not be affected by the illegal, invalid or unenforceable provision or by its severance here from.
You shall not assign any right under these terms and conditions or transfer its obligations hereunder without the prior written consent of TNG. You hereby consent to TNG assigning or transferring its rights and obligations hereunder without notice to you and you shall do all that is reasonably necessary to give effect to such assignment or transfer.
Subject to applicable laws, TNG and TNGD makes no warranties, and hereby disclaims any and all warranties, express or implied concerning the Rewards furnished under the Campaign. Without limiting the generality of the foregoing, subject to applicable laws, are provided “as is” without warranty of any kind, either express or implied, and TNG and TNGD hereby disclaims all such warranties, including but not limited to any implied warranties or merchantability, fitness for a particular purpose and/or non-infringement.
If for any reason, the Campaign is not capable of running and/or the utilization and enjoyment of the Reward is unable to run as planned by reason of computer virus, bug, system malfunction, tampering, unauthorized intervention, fraud, technical failures, fire, flood, earthquake, storm or other natural cataclysm, riot, strike, terrorist activity, civil commotion, government regulation, epidemic, pandemic or any other causes beyond the control of TNG (which shall include unforeseeable issues or delays in relation to any postal carrier or courier service utilized by TNG), TNG reserves the right, in its sole discretion to cancel, terminate, modify or suspend the Campaign and/or the Rewards, and the Users and Winners shall have no claim against TNG and TNGD.
The Users and Winners of the Campaign release TNG and TNGD and agree to indemnify, defend and hold TNG and TNGD, and any other persons and entities involved in the development, production and/or administration of the Campaign and its Reward, harmless, from any and all liability for losses, harm, damage, injury, costs, fees, and expenses, including without limitation, property damage, personal injury (including emotional distress and/or death), arising from participating in the Campaign and/or claiming and utilising the Reward, any activity relating to the Campaign or the Reward, and/or acceptance, receipt, possession, use or enjoyment of any Reward and for claims or causes of action based on personal data, defamation or invasion of privacy and merchandise delivery.
Without limiting the generality of the above, TNG and TNGD will not be held responsible, and the Winners shall indemnify and hold TNG and TNGD harmless for any losses, harm, damage, injury, costs, fees, and expenses suffered by the Winners in the event the Winners are not able to utilize and enjoy the Rewards due to any fault, act or omission of the Winners.
The terms and conditions which are expressed so or which by their very nature are meant to survive the termination or expiry of the Campaign shall so survive. Without derogation to the foregoing, this Clause 27 and Clauses 13, 16, 17, 19, 20, 23, 24, 25 and 26 shall survive the termination or expiry of the Campaign.