Terms And Conditions( December Quiz)

[MOD_3]

TERMS AND CONDITIONS

1. Organizer: This Quiz is organized by Samsung Malaysia Electronics (SME) Sdn Bhd (“Samsung”).

2. Samsung’s server is the official time-keeping device for this Quiz. Samsung reserves the right to amend or extend the duration or any particular of this Quiz at any time as they deem fit without any prior notice

3. Eligibility. The Quiz is open to individuals who:
   1. Are residents of Malaysia, 18 years of age and above (as of 11 December 2021 as stated in their NRIC) except the employees of the Organizer, their affiliates and/or related companies, distributors, retailers, advertising and promotion agencies;
   2. A user of any Samsung Galaxy device;
   3. Have registered for a valid Samsung Account ID and uses Samsung Members. Samsung Accounts are free, but subject to Terms and Conditions. If you do not have a Samsung Account, visit account.samsung.com and follow the links and instructions to create an account;
   4. Agree to receive promotional and marketing materials about Samsung and/or partner products, services, and/or event through the contact details provided herein. Proof of agreement may be requested;

 (Hereinafter referred to as “Eligible Participant(s)”)

4. By participating in this Quiz, each Eligible Participant agrees to be bound by these Terms and Conditions.  All rules and regulations and instructions issued by
5.  Samsung from time to time will be deemed incorporated in these Terms and Conditions. Samsung reserves the right to amend the Terms and Conditions at any time, without prior notice.

6. Multiple entries by Eligible Participant is allowed. However, should there be a prize, only 1 entry from all Eligible Participants, whom answered the questions correctly, will be placed in a poll and randomly selected as the winner. Samsung reserves the right to disqualify submissions from Eligible Participants that are deemed inappropriate or against the Terms & Conditions stated here.

7. Samsung reserves the right at its discretion to approve or reject any submission and/or details submitted to Samsung which are not legible are fraudulent. For the avoidance of doubt, Samsung reserves the right, as it deems fit to determine if the supporting details are sufficiently legible or genuine.

8. Prize(s) will not be given out for every quiz session. Should there be prize(s) for the selected quiz, the prize(s) will be announce together with the quiz question and timeline. Samsung shall at its’ sole discretion, determine the Shortlisted Participants and thereafter, Winners. Picture(s) of the Prize(s) shown in any advertisement, promotional, publicity and other materials relating to or in connection with this Quiz is/ are solely for illustration purposes only and may not depict actual color, model or specification of the Prize(s) and does not include any optional accessories. Samsung is entitled to change the specification and color of the Prize(s) without prior notice. 

9. Samsung reserves the right to appoint a third party (3rd) party vendor or service provider to handle the fulfilment or making available of the Prizes and delivery of the Prize(s) to Winners. By providing your personal information including name, delivery address, contact numbers, email address and other information to Samsung, Samsung can use and/or disclose to such third party (3rd) party vendor or service provider for the purposes of delivery service.

10. The Shortlisted Participants will receive a “Winning Announcement” email from Samsung. Kindly ensure the registered Samsung Account email is valid and reachable by Samsung. Shortlisted Participants are not considered winners until further verification is done by Samsung.

11. At Samsung’s request via email, the Shortlisted Participants will have to provide Samsung with verification details. Once verification is done, Samsung will determine the Winners based on the Shortlisted Participants. Shortlisted Participants, who failed to respond within the stipulated time period, be disqualified from the Quiz and from the prize winning.

12. Winning emails that are not replied within 3 days, will be considered as prize unclaimed. Any prize unclaimed will be forfeited and deemed to have lapsed unconditionally and irrevocably. The winner whose prize has been forfeited or unclaimed shall not entitled to any payment or compensation from Samsung.

13. Delivery will be made within Malaysia only, Samsung reserve the right to refuse or disqualify or reject users who key in wrong information or other countries addresses. 

14. Samsung will not be responsible for Winner’s transportation that are incurred to utilize the Winning Prize. All personal costs and/or any other costs, fees and/or related expenses that are non-relevant to the Quiz are the sole responsibility of the Winners.

15. Samsung shall not be liable for any loss or damage whatsoever which is suffered (including but not limited to indirect or consequential loss) for personal injury which is suffered or sustained as a result of participation of the Quiz.

16. Samsung shall not be held responsible for lost deliveries resulting from wrong information entered by Winners.

17. By participating in this Quiz, each Eligible Participant is communicating with Samsung electronically.  By doing so, each Eligible Participant agrees to receive communications from Samsung electronically.  Samsung will communicate by push message via Samsung Members, electronic mail at the electronic mail address provided by the Eligible Participant or posting notices in such manner specified herein. Each Eligible Participant consents to receiving electronically, all agreements, notices, disclosures and other communications that Samsung provides in relation to the Quiz.  Notwithstanding any provisions herein, each Eligible Participant acknowledges that Samsung have the discretion, but is not obliged, to contact the Eligible Participant via other reasonable means or mode of communication as they deem fit.

18. Each Eligible Participant agrees to take part in any and all marketing, promotional, publicity exercises with respect to this Quiz; agrees for Samsung to use his/her name, voice, photograph, likeness or other personal identifiable information in any media for the promotion and publicity of this Quiz and/or Samsung products: and grants Samsung all consents and waivers necessary hereunder, including in respect of any promotional photographs and/or audio/video recordings taken in respect of this Quiz.  Each Eligible Participant agrees that Samsung shall be at liberty to publish, promote, copy, reproduce, transmit, display, edit, adapt, modify, create derivative works of and/or otherwise distribute or use his/her particulars (including any publicly available Facebook profile photo and details):

1. In connection with this Quiz and/or Samsung products;
2. For the promotion and publicity of this Quiz and/or Samsung products;
3. In any manner, format or media whether now known or hereinafter created, and in any part of the world, including without limitation on online platforms such as Facebook, YouTube, Twitter and Instagram; at Samsung’s sole discretion and royalty-free and without obligation of attribution or consent.  Each Eligible Participant hereby irrevocably grants Samsung all consents and waivers necessary in connection with the above.

19. Eligible Participants will only be confirmed as winners after the verification of validity of each participation.  Samsung reserves the right to check the validity of any participation.  Entries failing to comply with the Terms and Conditions herein will not be accepted.  Samsung reserves the right to disqualify any Eligible Participant suspected of fraud, or if Samsung believes that the Eligible Participants’ entry and/or results has been manipulated in any way by machines or computers.

20. Samsung reserves the right to change or substitute the prizes to other prizes of a comparable or other value if deemed fit.  Prizes are not exchangeable for cash, non-transferable or refundable.

21. In the event of any dispute arising from this Quiz or relating to the interpretation of these Terms and Conditions, the decision of Samsung on all matters pertaining to this Quiz shall be final and binding on all parties.  No correspondence or further claims shall be entertained.

22. If this Quiz is interfered with in any way or is not capable of being conducted as reasonably anticipated due to any reason beyond Samsung’s control, Samsung reserves the right in its sole discretion, to the fullest extent permitted by law:

1. To disqualify any Eligible Participant; or
2. To modify, suspend, terminate or cancel this Quiz, as appropriate.

23. Samsung makes no guarantee of the availability of Samsung Members application or its web services and will not be held responsible for any interruption of service that may interfere with the ability to participate in this Quiz.

24. Samsung does not undertake any responsibility or obligation to ensure that any prize will be delivered to any prize winner.  To the fullest extent permissible under applicable law, Samsung disclaims all warranties and representations of any of any kind, express or implied, including any representation that any prize shall be delivered or transferred to the winner(s).  Except for any liability that cannot be excluded by the law, Samsung (including its officers, employees and agents) excludes all liability (including negligence), for any personal injury, or any loss or damage (including loss of opportunity), whether direct, indirect, special or consequential, arising in any way out of this Quiz, including but not limited to, where arising out of the following:

1. Any technical difficulties or equipment malfunction (whether or not under Samsung’s control);
2. Any theft, unauthorized access or third party interference;
3. Any claim or prize(s) that is late, lost, altered, damaged or misdirected (whether or not after receipt by Samsung) due to any reason beyond the reasonable control of Samsung;
4. Any variation to the prize(s) value to that stated in these Terms & Conditions;
5. Any tax liability incurred by a Eligible Participant; or
6. Use or claim of the prize(s).

25. Samsung collects, uses and processes and/or discloses (including third party overseas) Participants’ personal information in order to conduce this Quiz, and in accordance with the Samsung Privacy Policy (www.samsung.com/my/info/privacy.html). Each Eligible Participant consents to such collection, use, processing and disclosure of his/her personal information and represents and warrants that all information provided is true and accurate in all respects. Validity of enrollment is conditional on providing this information. Each Eligible Participant agrees that Samsung may, for a reasonable period of time, unless otherwise advised, use the information for promotional, marketing, publicity, research and profiling purposes, including sending electronic messages or making phone calls to the Participant(s).

26. Each Participant agrees to indemnify and hold Samsung harmless from and against any and all claims, damages, liabilities, costs and expenses (including legal costs on an indemnity basis) arising from the alleged or actual infringement of any third party copyright, patent, trademark or other intellectual property rights, or other rights, any breach of these Terms and Conditions and/or arising out of or in connection with this Quiz.

27. Except where expressly provided herein, each Eligible Participant shall bear his/her own costs and expenses incurred and/or arising from his/her participation in this Quiz, and no reimbursement may be sought from Samsung and/or the sponsors.

28. Each Eligible Participant shall not, without the prior written approval of Samsung, speak to the press or any other media, or give any interviews or comments relating to this Quiz.

29. Samsung reserves the right to use any personal data of Eligible Participants in any manner as mentioned above and/or for any purpose they deem fit for the purposes of this Quiz and the Eligible Participants are deemed to consent to such use with no monetary payment.

30. The decision of Samsung in relation to every aspect of this Quiz, including but not limited to the Eligible Participants shall be deemed final and conclusive under any circumstances and no appeal or complaint from any Eligible Participant will be entertained.

31. Samsung reserves the absolute right to cancel, terminate or suspend the Quiz with or without any prior notice and/or assigning any reason. For the avoidance of doubt, cancellation, termination or suspension by Samsung shall not entitle the Eligible Participant to any claim or compensation against Samsung 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.

32. These Terms and Conditions shall be governed and construed in accordance with the laws of Malaysia, and each Eligible Participant irrevocable submits to the non-exclusive jurisdiction of the courts of Malaysia.

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