TERMS AND CONDITIONS FOR Touch ‘n Go Horoscope Card CHALLENGE (“CHALLENGE”)

Introduction

This Challenge is held by Touch ‘n Go Sdn Bhd (“Organiser”) on Facebook, Inc’s Instagram platform (“Instagram”). By participating in the Challenge, you hereby accept and agree to be bound by these terms and conditions.

Duration of the Challenge

The Challenge shall commence from 8 November 2021 until 26 November 2021 (“Challenge Period”).

Eligibility and Campaign Mechanics

1. This Challenge is open to the public aged 18 years and above only, of any gender or demographic, provided you are residing in Malaysia.

2. The Organiser reserves the right but does not have the obligation to verify your eligibility to participate in the Challenge. Your demise disqualifies your entry.

3. To enter the Challenge, you must:

   a. Link your Touch ‘n Go contactless smartcard to your Touch ‘n Go eWallet or register your Touch ‘n Go contactless smartcard to the Touch ‘n Go portal;

   b. Like Touch ‘n Go’s Instagram page (Link: https://www.instagram.com/mytouchngo/?hl=en);

   c. On the Instagram post announcing the Challenge, comment explaining why you deserve the 12 set Horoscope cards (“Comment”); and

   d. Tag a friend on the Comment submitted in 3(c) above. 

The Comment must be posted during the Challenge Period. Proof of submission does not constitute proof of receipt of the entry. The Organiser accepts no responsibility for any late or misdirected entries, including entries that were not received or delayed in the delivery of the entries due to technical disruptions, network congestion or any other reason.

4. The Organiser will pick a winner at random and will announce the winner every Friday of the week throughout the Challenge Period on Touch ‘n Go’s Instagram page.

5. You will be held responsible for your own Comment submissions and you agree to not violate these terms and conditions and any other rules set by Instagram or the Organiser.

Comment Requirements

1. The Comment:

   a. must be original to you, and shall not infringe upon the copyright, trademarks, rights of privacy, publicity, confidential information, trade secrets, or other intellectual property or other rights of any third party, and where it contains, has used, adapted or referred to third party materials, you warrant that the prior consent or license of the intellectual property rights owner of such materials has been obtained;

   b. shall not contain: (i) language which are sexual in nature, indecent, sexually explicit, nudity, pornography or impolite; (ii) anything which offends good taste or decency, is offensive to public feeling; (iii) anything which is morally improper and against current standards of accepted behaviour; (iv) violence which is exploitative or not portrayed responsibly, is likely to encourage crime or lead to disorder or is abusive or threatening in nature; (v) menacing content that causes annoyance, threatens harm, encourages or incites crime or leads to public disorder, including brandishing of weapons or weaponry ; (vi) offensive language, crude references, hate speech or defamatory material; (vii) cigarettes and tobacco; (viii) gambling and betting; (ix) pig and pork products and its derivatives; (x) fire crackers; (xi) content of a seditious nature; (xii) false content; (xiii) anything which cause disharmony, disunity or feelings of enmity, hatred or ill-will or to prejudice the maintenance of harmony or unity on grounds of politics or religion; and

   c. its submission shall not violate the terms of services set by Instagram or as amended from time to time found at https://help.instagram.com/581066165581870, and you agree to utilise Instagram appropriately and undertake to abide by its terms of use, terms of service, acceptable use policy or user licence in force accordingly.

2. The Organiser may inspect and filter the Comments submitted by you to ensure compliance with the requirements above. The Organiser reserves the right, at its sole discretion, to remove, reject or disqualify your Comment if it finds that you have acted in violation of these terms or any applicable laws or regulations.


General Terms and Conditions

1.    The Organiser reserves the sole and absolute right to withdraw, amend, omit and/or vary any part or the whole of the terms and conditions of this Challenge without prior notice to you. Nothing contained in these terms and conditions shall constitute an undertaking by the Organiser to hold the Challenge. The Organiser shall have the right to cancel, terminate, modify or suspend the Challenge at any time without stating any reasons. In the event the Challenge is rescheduled, postponed or cancelled for any reason whatsoever, you are not entitled to any compensation for any costs or expenses incurred in participating in the Challenge.

2.    Organiser’s decision in any matter in relation to the Challenge shall be final and conclusive. Any request for appeal and review shall not be entertained.

3.    By taking part in the Challenge, you agree that you are solely responsible for your own actions and conduct and the effect of your actions and conduct on any person and property (whether public or private in nature) including any claims, damage, fines and penalties that may arise or result from your participation. The Organiser disclaims any liability for loss or damage resulting from or in connection with this Challenge. You further agree to release the Organiser from any and all liability, claims, or actions of any kind whatsoever for damages or losses that may be sustained in connection with the posting and use of the Comment or with your participation in the Challenge and the Organiser shall not be liable for any claim by you or any third-party claims or losses of any nature, including but not limited to, loss of profits, punitive, indirect, special, incidental, or consequential damages or for other damages and any related claims of any nature, including direct, indirect, third party, consequential or other damages resulting from or in connection with this Challenge.

4.    You shall on demand defend and indemnify the Organiser against all actions, proceedings, costs, claims, demands, loss, damages, liabilities and expenses howsoever incurred, suffered, paid or payable by them (including legal costs on a solicitor client basis) in respect of: (a) your negligent or wilful acts or omissions or misconduct during the Challenge; (b) any infringement of third party intellectual property rights arising from the Comment and use of the same; and (b) any breach of these terms. These obligations shall survive the expiry or termination of the Challenge.  

5.     You acknowledge and agree that the Organiser reserves the rights to disqualify any participation if you are in breach of your obligations or any terms and conditions of this Challenge. Notwithstanding the above, the Organiser reserves the right to reject any Comment or participation in the Challenge at its sole and absolute discretion without assigning any reasons whatsoever.

6.     The Organiser does not take any responsibility in the event you are prevented from participating in the Challenge, as a result of certain technical restrictions or other limitations specific or force majeure which includes but is not limited to regulatory and/or government directive, acts of God etc.

7.      By submitting a Comment you irrevocably and unconditionally grant to the Organiser:

   a. The right to use, print, publish, reproduce, upload, download, transmit, exhibit, distribute, and exploit derivative works of the Comment, by way of current and/or new or changed technology, media, format, modes of transmission and methods of distribution, dissemination, exhibition or performance or by any other means, including without limitation all forms of digital, online, television broadcast, new media and interactive initiatives, whether for publicity, marketing, advertising, trade or promotional purposes, without further notification, remuneration or compensation to you, and to the extent permitted by law, you hereby irrevocably and unconditionally waive all moral rights with respect thereto; and

   b. the right to use and reproduce your name in connection with the Challenge and/or the publicity, advertising, trade or commercial exploitation of the Challenge or any part of it including publishing endeavours without further notification, remuneration or compensation to you, provided that you shall not be depicted as endorsing any commercial products.

9.       By participating in the Challenge, you consent to Instagram that the information collected by Organiser from you (“Personal Information”) will be used and/or disclosed in accordance to Instagram’s Privacy Policy as posted on Instagram’s website at: https://help.instagram.com/581066165581870 and Personal Data Protection Act 2010. You are advised to read the Privacy Policy to understand your rights with regards to your Personal Information.

10.     The Organiser shall not be responsible for any expenses and cost including out-of-pocket expenses related to or as a consequence of participating in this Challenge.          

11.     These terms and conditions shall be governed by and construed or interpreted in accordance with the laws of Malaysia.  Parties hereby submit to the exclusive jurisdiction of the courts of Malaysia in respect of any dispute. In the event any of the provision in these terms and conditions is invalid, illegal and unenforceable under any applicable law or by any reasons whatsoever, the legality and enforceability of the remaining provisions shall not be affected.

12.     No failure or delay by Organiser 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.