T&C – Touch ‘n Go Merdeka & Malaysia Day contest 2021

Terms and Conditions

1.   The Merdeka & Malaysia Day contest 2021 is open to all Malaysian citizens with a valid national registration identity card and with a residential address in Malaysia.

2.   The Merdeka & Malaysia Day contest 2021 will commence on 25th August 2021 and end on 30th September 2021 on the Touch ‘n Go Sdn Bhd (“Touch ‘n Go”) official Facebook page.

     a.    The Merdeka & Malaysia Day contest 2021 mechanics are as follows:

          i.        Like the Touch ‘n Go Facebook page

          ii.        Share with Touch ‘n Go on its Facebook page who you would like to nominate and their story in 150 words or less through the direct message. Please ensure to tag the person’s Facebook account. The person can either be a frontliner or a good Samaritan who has contributed to society during the MCO.

          iii.        Story and nomination must be sent between 12.00am 25 August 2021 and 11.59pm 30 September 2021 via direct message to Touch‘n Go’s Facebook page.  Any story and nomination sent after 11.59pm 30 September 2021 will not be considered.

          iv.        64 nominated winners will be chosen to win a personalised Touch ‘n Go card pre-reloaded with RM50 (“Winners”).The card will have the nominees name as part of the card’s design.  The person who nominated the 64 Winners will also receive an RFID tag.

3.   Participants may submit multiple entries but will only be eligible to win 1 Prize.

4.   Winners of the Merdeka & Malaysia Day contest 2021 will be announced on 6 October 2021.

5.   The announcement of the Winner of the Merdeka & Malaysia Day contest 2021 (“Winner Announcement”) will be made on the Touch ‘n Go Facebook page via a post. Winners will be prompted by their names being tagged on the comment section of the post.

6.   The Winners and their respectiveParticipants (nominator of the Winner) are to provide the requested details within 3 working days upon the Winners Announcement. These details include:

     a.    Full name, as per the Winners’ NRIC;

     b.   NRIC number;

     c.    Contact number;

     d.   Name on Touch ‘n Go card (only applicable to nominee) and

.    e.    Delivery address to which the Prize will be sent.

Winners who have not responded within the stipulated period shall be forfeited by Touch ‘n Go.

7.   Winners are personally responsible for ensuring that their personal particulars, contact details and email address have been accurately submitted.

8.   Touch ‘n Go shall not be held responsible or liable for any late, misdirected, lost or unsuccessful efforts to notify the Winners. Winners are advised to check the Winners announcement which will be posted by Touch ‘n Go Facebook page.

9.   Where any Prize has been forfeited, Touch‘n Go may, at its sole discretion, give the forfeited Prize to another Participant from the remaining eligible entries. In such an instance, this other Participant (“Replacement Winners”) shall be selected using a method to be determined by Touch n’ Go at its sole discretion.

10.  Replacement Winners will be tagged on a separate Winners Announcement in a separate post. Replacement Winners are to provide the requested details within 3 working days upon the Winners Announcement.Replacement Winners who have not responded within the stipulated period shall be forfeited by Touch ‘n Go and there will be no further winner replacement at this point.

11.  The Prize won is not exchangeable, transferable or negotiable. Touch ‘n Go reserves the right to change the Prize at its discretion to another Prize of similar or lesser value without any prior notice. All selected winners who have been notified and contacted are deemed final.

12.  Any user who terminates their Facebook account during the Merdeka & Malaysia Day contest 2021, or who has an invalid account shall be automatically disqualified and shall not be eligible to claim the Prize. This applies to both nominator and nominee.

13.  Touch ‘n Go will distribute the Prize to the Winners within 90 working days upon the Winners Announcement. Touch ‘n Go expressly disclaims all liabilities arising from any lost, damaged or unsuccessful transmission of the Prize.

14.  Touch ‘n Go reserves the right to request for written proof of residency and of the age of the Winners before the Prize is dispatched, collected, or presented. Touch ‘n Go shall also have the right to require the Winners to execute a deed of release and indemnity in a form prescribed by Touch ‘n Go to receive the Prize.

15.  By participating in the giveaway, you consent and agree:

     a.    To abide and be bound by the terms and conditions of the Merdeka & Malaysia Day contest 2021 including any amendments or variations thereto as well as any decisions made by Touch ‘n Go;

     b.    For Touch ‘n Go to collect, record, hold, store, use, and disclose your personal information for purposes which are necessary or related to the participation in the Merdeka & Malaysia Day contest 2021;

     c.    For Touch ‘n Go to disclose or publish your personal information such as your names, identities, and any general information that Touch ‘n Go sees fit about the participants on any media, marketing, or advertising materials; and

     d.    To grant Touch ‘n Go 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.

     e.    To abide by Touch ‘n Go’s Personal Data’s Terms and Conditions (please refer to www.touchngo.com.my for details). You hereby give your consent to Touch ‘n Go to process and/or use any of your and the Winner data and to release the same to Touch ‘n Go’s related and/or affiliated company, Touch ‘n Go’s existing, future business partners and/or strategic alliances and/or any other third party as Touch ‘n Go 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 or the Winner would be necessary or required in relation thereto and that this shall constitute consent for the processing of your and the Winner’s personal data.

16. Touch ‘n Go reserves the right to reject any entry or disqualify any participant without assigning any reasons whatsoever.

17.  Not valid with any other similar ongoing promotions, campaigns, discounts, and/or vouchers. This Terms and Conditions shall be further subject to the General Campaign Terms and Conditions which can be found here.

In the event of any conflict between these terms and the General Campaign Terms and Conditions, the terms and conditions of the Merdeka & Malaysia Day contest 2021 shall prevail.

18. Touch ‘n Go reserves the absolute right to cancel, terminate or suspend the Merdeka & Malaysia Day contest 2021 with or without any prior notice and/or assigning any reason. For the avoidance of doubt, cancellation, termination or suspension by Touch ‘n Go shall not entitle you to any claim or compensation against Touch ‘n Go 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.

19. Touch ‘n Go, its subsidiaries, affiliates, associated companies and related corporations (as defined under Section 7 of the Companies Act 2013) will 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 Merdeka & Malaysia Day contest 2021 (in which case that liability is limited to the minimum allowable by law).

20. Touch ‘n Go reserves the absolute right to vary, delete or add to any of the terms and conditions of the Merdeka & Malaysia Day contest 2021 in this document (wholly or in part) from time to time without any prior notice to you. Touch ‘n Go’s decision in relation to all aspects of the Merdeka & Malaysia Day contest 2021 is deemed final, binding and conclusive under any circumstances and no correspondence, complaint or appeal whatsoever will be entertained.

21. 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.

22. No failure or delay by Touch ‘n Go in exercising any right, power or privilege under these terms and conditions will operate asa waiver or an estoppel thereof, nor will any single or partial exercise there of preclude any other or further exercise thereof or the exercise of any right, power or privilege hereunder.

23. 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 apart hereof and the remaining provisions shall remain in full force and effect and shall not be affected by the illegal, invalid or unenforceable provision orby its severance here from.

24. You shall not assign any right under these terms and conditions or transfer its obligations hereunder without the prior written consent of Touch ‘n Go. You hereby consent to Touch ‘n Go 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.

25. The terms and conditions which are expressed so or which by their very nature are meant to survive the termination or expiry of the Merdeka & Malaysia Day contest 2021 shall so survive. Without derogation to the foregoing, this Clause 25 and Clauses 15,19,22,23 and 24.