1. Introduction

1.1 This General Terms and Conditions is applicable to any Promotional Activity, Giveaway, Campaign, Program or any other promotional activity (hereinafter referred to as “Promotional Activity”) conducted by Loob Holding Sdn Bhd (hereinafter referred to as “the Organiser”, “Loob”), its subsidiaries, affiliates, agents, sponsors and/or representatives and must be read together with the Privacy Policy available at: https://www.tealive.com.my/privacy-policy, collectively “General Terms and Conditions”.

1.2 This General Terms and Conditions shall be binding on all participants who participate in any Promotional Activity by the Organiser, its subsidiaries, affiliates, agents, sponsors and/or representatives (hereinafter referred to as “Participant(s)”, “You”, “you”, “your”). In the event where there is specific Terms and Conditions of the Promotional Activity (hereinafter referred to as “Terms and Conditions of the Promotional Activity”), this General Terms and Conditions shall be supplemental to the Terms and Conditions of the Promotional Activity. Defined terms shall be used singular or plurals the case may be.

1.3 The Organiser reserves the right in its sole discretion, without prior notice, and without any liability to any person, at any time to change the Terms and Conditions of the Promotional Activity and/or the General Terms and Conditions including to change the Promotional Activity period, make Prize(s) substitutions, cancel terminate or suspend the Promotional Activity in whole or in part. In the event of any changes to the Terms and Conditions of the Promotional Activity and/or the General Terms and Conditions, Participants agree that their continued participation in the Promotional Activity shall be constituted as their acceptance of the General Terms and Conditions (as changes).

1.4 By submitting an entry to the Promotional Activity, Participants are deemed to have understood and agreed to be bound by the Terms and Conditions of the Promotional Activity and/or the General Terms and Conditions, including the processing of the Participants’ Personal Data in the Privacy Policy. Certain provisions within these Terms and Conditions may apply only where relevant and applicable to the specific Promotional Activity.

2. Selection Criteria:

2.1 In determining whether an entry or participation is valid, the Organiser’s decision shall be final and conclusive. The Organiser shall take into account all factors deemed relevant which may include but not limited to the following criteria:-

i. The Participant is eligible to enter the Promotional Activity and submitted during the Promotional Activity period;

ii. The entry shall fulfil the required criteria stipulated under the Promotional Activity mechanism;

iii. The entry submitted must include all the relevant details required and the details submitted must be accurate and true;

iv. The entry needs to be original and not a material duplication, copy or reproduction of other entries. In the event where it is required for the Participants to upload the receipt for any entry to the Promotional Activity, Participants are required to keep their receipts for verification purposes;

v. The entry is not offensive, illegal or insensitive to any segment to the society, etc; and

vi. Any other criteria that may be specified in the Terms and Conditions of the Promotional Activity.

2.2 The Organiser shall inspect and filter each entry submitted by Participants. The Organiser reserves the right, at its sole discretion, to remove, reject or disqualify the entry if the Organiser finds the entry:

i. Submitted by a Participant who is ineligible to join the Promotional Activity;

ii. Submitted by a Participant who unable or failed to provide proof of eligibility to participate in the Promotional Activity upon request of the Organiser;

iii. Submitted after the deadline of the Promotional Activity;

iv. Submitted by a Participant is unclear, incomplete, duplicate, copies, or incorrect;

v. Includes any prohibited, offensive, illegal or insensitive wording, mark or logo;

vi. Submitted by a Participant who undermines, or attempted to undermine the operation of the Promotional Activity by fraud, cheating or deception; and/or

vii. Violates any of the Terms and Conditions of the Promotional Activity and/or the General Terms and Conditions of this Promotional Activity or any applicable laws or regulations in Malaysia.

2.3 Unless an extension is announced to the Promotional Activity period, all entries received outside the Promotional Activity shall be automatically disqualified.

2.4 The Organiser’s decision on all matters relating to the Promotional Activity including judging and selection of winners shall be final, binding and conclusive on all Participants, and no correspondence or appeal shall be entertained.

2.5 All costs and expenses incurred and/or arising from the participation in the Promotional Activity, including without limitation, telecommunications, network and all such other charges and out-of-pocket expenses as may be incurred by a Participant during or in connection with the Promotional Activity shall be borne by the Participant.

3. Prize(s)

3.1 All Prize(s) must be taken according to the Terms and Conditions of the Promotional Activity and/or the General Terms and Conditions of the Organiser, its agent sponsor or third party providing the Prize(s).

3.2 The Organiser, its subsidiaries, affiliates, agents, sponsors and representatives shall have no liability to any Participants who defaults in collecting the Prize(s) in accordance with the agreed method for the Prize(s) collection in any respect whatsoever. The Organiser reserves the right to determine how uncollected Prize(s) shall be dealt with.

3.3 The Organiser reserves the right to substitute any one of the Prize(s) with items of equivalent value at any time without prior notice. All Prize(s) are strictly not transferable, assignable, exchangeable or redeemable by the Participant in any other form of manner other than that specified by the Organiser. Prize(s) are not transferable or exchangeable for cash, in part or in full.

3.4 Any additional costs not specifically stated in the Terms and Conditions of the Promotional Activity and/or the General Terms and Conditions in relation to the Prize(s) shall be the responsibility of the winners.

3.5 Prize(s) are given out on an “as it is” basis. The Prize(s) shall be used/taken entirely at the risk of the Participants and the Organiser excludes all warranties and liabilities in connection with the Prize(s) to the fullest extent permitted by law.

3.6 In the event where the Prize(s) is being couriered to the winners, the Organiser disclaims all responsibility for any loss or damages during the delivery of the Prize(s) and the Organiser shall not be liable for any loss or damage that occurs during the delivery process.

3.7 Where applicable, any other additional costs (i.e. travel expenses, transportation cost, duties and taxes) involved to collect the Prize(s) shall be borne by the winner at their own cost.

4. Publicity

4.1 The Organiser may use a Participant’s entry including without limitation, photos, drawings, text, and any other content or information submitted for purposes of the Promotional Activity (collectively the “Materials”), and the Participant’s name, and/or likeness, for advertising, publicity and Promotional Activity of any goods and services of the Organiser, for an unlimited time throughout the world without compensation, and in any media. The Participant shall do all things necessary to give effect to this if requested by the Organiser.

5. Intellectual Property Rights

5.1 The Participants agree that all intellectual property rights in any contents and/or materials submitted, made or created by the Participant or made or created by the Organiser incorporating the Materials, in connection with the Promotional Activity and any derivative works arising there from shall perpetually and unconditionally be vested in, assigned to and owned by the Organiser. The Organiser has the right to use and modify such materials or works in any way it deems fit without compensation to the Participants and the Participant waives all rights her or she may have in such materials or works.

5.2 Any names, trademarks or logos used and or reproduced in any materials (including marketing and the Promotional Activity’s materials) in connection with this Promotional Activity, in particular that relates to the Prize(s), are the properties of their respective owners. This Promotional Activity and the Organiser are not affiliated with, or endorsed or sponsored by, the relevant owners, unless otherwise communicated, and such owners are not part of the Organiser’s group of companies.

6. Indemnity

6.1 Each Participant agrees to indemnify, release and hold harmless the Organiser, its subsidiary or related companies, directors, officers, employees, agents, sponsors and/or representatives against any and all losses, rights, claims, actions and damages (including special, indirect and consequential damages) arising from or incurred as a result of the Participant’s participation in the Promotional Activity, acceptance of any Prize(s), the use of the Participant’s entry and/or likeness in connection with the Promotional Activity or violation of the General Terms and Conditions.

7. Limitation of Liability

7.1 The Participant’s participation in the Promotional Activity shall be at the Participant’s own risk.

7.2 The Organiser, its directors, officers, employees, agents, sponsors and/or representatives shall not be liable to any Participant in respect of any loss or damage whatsoever which is suffered, including but not limited to indirect or consequential loss, or for personal injury suffered or sustained by the Participant arising out of or in connection with the participation by the Participant in the Promotional Activity, as well as the redemption and/or utilisation of any Prize(s) won.

8. Ownership / Use Rights

8.1 Participants shall grant to the Organiser the right to use any photos and/or other material received during the Promotional Activity (including the Participants’ name, email addresses, contact numbers, photos, etc.) for advertising, marketing and communication purposes without compensation to the Participant, his or her successors or assigns, or any other entity.

9. General

9.1 In the event that there is any conflict between the Terms and Conditions of the Promotional Activity and the General Terms and Conditions, the Terms and Conditions of the Promotional Activity shall prevail.

9.2 The Organiser, its agents, sponsors and/or representatives shall not be liable to perform any of their obligations in respect of the Terms and Conditions of the Promotional Activity and/or the General Terms and Conditions where they are unable to do so as a result of circumstances beyond their control and shall not be liable to compensate the Participants in any manner whatsoever in such circumstances. The Organiser excludes its responsibilities and all liabilities arising from any postponement, cancellation, delay or changes or modification to the Promotional Activity and Prize(s) or due to any other unforeseen circumstances beyond the Organiser’s control including but not limited to governmental interference, civil commotion, riot, war, strikes, act of terrorism (Including but not limited to any act of violence, hostility, national emergency, occurrence of any epidemic/pandemic outbreaks) and for any act or default by any third party suppliers or vendors.

9.3 The Organiser shall be entitled to assign or sub-license the whole or any part of its rights hereunder to any third party as may be determined by the Organiser.

9.4 The invalidity, illegality or unenforceability of any terms hereunder shall not affect or impair the continuation in force of the remainder of the General Terms and Conditions of the Promotional Activity.

9.5 Where the Terms and Conditions of the Promotional Activity and/or the General Terms and Conditions of the Promotional Activity are prepared in English and any other language(s), in the event of any inconsistency between the English language and the other language(s), the English language version shall prevail and govern in all respects.

9.6 The General Terms and Conditions of the Promotional Activity shall be construed, governed and interpreted in accordance with the laws of Malaysia.