INTRODUCTION

In order to ensure that we all enjoy the facilities of the Heineken website, we herewith set out our general guidelines. In these Terms and Conditions of use, and Privacy and Cookie Policy, you will find details on our policies and regulations. We suggest you read them carefully. The following is a general approach only.

Heineken ® Live Your Music "Outlet" Terms & Conditions

General
  1. The Contest (the "Contest") will be governed by these standard terms and conditions (the " Terms of Use"). Each participant agrees that he / she has read and understood these Terms of Use and by participating in the Contest, each participant will be deemed to have read, understood and agreed to each of the terms and conditions appearing herein in the Terms of Use.
  2. The Contest is offered by Heineken Marketing Malaysia Sdn Bhd. (the " Organiser").
  3. These Terms of Use apply to the legal relationship between the Organiser and a participant in the Contest.
  4. The laws of Malaysia shall govern the Contest and these Terms of Use. All disputes arising in connection with the Contest and these Terms of Use, including but not limited to disputes concerning the existence and validity thereof, shall be resolved by the competent courts of Malaysia and by participating in the Contest the participants hereby submit to the exclusive jurisdiction of the courts of Malaysia. However, it shall be the sole responsibility and obligation of each participant to ensure that he / she complies and do not contravene any laws to which he / she may be personally subjected to.
  5. A failure by the Organiser to enforce any of these rules in any instance(s) will not give rise to any claim by any other person.
  6. To participate in the Contest, participants will need to provide their personal details for competition judgement and prize fulfilment purposes, as well as marketing and promotional purposes in connection with this Contest. All participants must ensure the details provided are true, accurate, current and complete. The Organiser reserves the right to verify the eligibility of all participants.
  7. The Contest will be held during the Contest Period as set out in this Terms of Use. The Organiser reserves the right to vary, postpone or re-schedule the dates of the Contest or extend the Contest Period at its sole discretion.
  8. The Organiser shall have the right to, at its sole discretion, at any time and without prior notification, change or discontinue any aspect of the Contest and to change, amend, delete or modify the Terms of Use and other rules and regulations including the mechanism of the Contest, or any part thereof. Such changes shall be effective immediately upon posting of the modified Terms of Use on the relevant Heineken Facebook page at https://facebook.com/heineken. If a participant does not agree to abide by these or any future Terms of Use, do not (continue to) participate in the Contest. Participants are advised to revisit the Heineken Facebook page and regularly read the Terms of Use on a regular basis for possible changes as, by the participant's continued participation in the Contest, the participant indicates that the participant accepts any such modified terms.
  9. The Organiser may terminate or suspend the Contest at any time at its absolute discretion in which case, the Organiser may elect not to award any prize. Such termination or suspension will not give rise to any claim by the participants. If the Contest is resumed by the Organiser, the participant shall abide by the Organiser's decision regarding resumption of the Contest and disposition of the prizes.
  10. Any dispute or situation not covered by these Terms of Use will be resolved by the management of the Organiser in a manner it reasonably deems to be fairest to all concerned. That decision shall be final and / or binding on all participants. No correspondence will be entered into.
  11. If these Terms of Use are translated into a language other than English, the English version of the Terms of Use shall prevail in the event of any inconsistency.
  12. Participants to this Contest are deemed to be unconditionally accepting the terms and conditions of this Contest. A failure to adhere to these terms and conditions will result in disqualification from the Contest and forfeiture of the prize(s).
Participation
  1. The Contest will last from 30 October 2017 until 30 November 2017. The Contest is only available on www.heineken.com/my/LiveYourMusic
  2. The Contest is open ONLY to non-Muslim individuals aged 18 and above and a citizen of Malaysia (as at the date of participation in the Contest and proof of age will be required), who are not Ineligible Persons and who are lawfully permitted to consume alcoholic beverages. No syndicates or groups will be allowed to participate.
  3. The following categories of persons are not eligible and excluded from participation in the Contest:
    • Persons employed by, or working for, the Organiser including its affiliated and related companies and their immediate family members (children, parents, brothers and sisters, including spouses) in any capacity;
    • Representatives, employees, servants and / or agents of advertising and / or promotion service providers of the Organiser including its affiliated and related companies, and their immediate family members (children, parents, brothers and sisters including spouses);
    • Persons working for third party companies that are involved in the organisation or execution of the Contest.
  4. The Contest is only open to entry from non-Muslim individuals who reside in Malaysia & aged 18 years and over (proof of age will be required). No syndicates or groups will be allowed to participate.

    (Each such person shall be referred to as an " Ineligible Person" and collectively referred to as " Ineligible Persons" in these Terms of Use).

Contest mechanics
1.
Brief Description of Contest
Heineken Live Your Music “Outlet” Contest is organized with the intention to reward Non-Muslim Malaysians aged 18 and above who have participated in the digital and on ground contest.
2.
Brief mechanism of Contest and selection of winners
  1. Participants may participate with a purchase of any bottle of Heineken* or glass of Heineken during the Contest Period. The proof of purchase for each entry is the Scratch Card which contains a Unique Code.
    *Applicable to 330ml pints and 325ml bottles only
  2. One [1] Scratch Card is entitled for one (1) entry only and can be used once only. Each Scratch Card entitles to one (1) point. Subsequent entries received with the same Unique Code will be disqualified and only the first entry submitted will be qualified.
  3. The method of participation in the Contest which is via Short Messaging Service ["SMS"].
  4. To participate via SMS, participants must first register their mobile number by sending HKN<space>FULL NAME<space>NRIC to 62000
  5. Participants may then submit their entry by sending your unique codes to 62000. Each submission is limited to 4 codes at one go. For example: HKN<space>UniqueCode1<space>UniqueCode2<space>UniqueCode3<space>UniqueCode4 and send to 62000.
  6. Participants’ progress can be monitor through the live scoreboard on www.heineken.com/my/LiveYourMusic
  7. Incomplete and inaccurate entries with incorrect Unique Code details will be disqualified.
  8. Scratch card with Unique Codes can only be used once.
  9. This SMS contest is only available to Digi, Maxis, Celcom, U Mobile or XOX subscribers.
  10. The Organizer does not charge for Contest entries submitted by the Participants, but standard operator telco charges and GST shall apply.
  11. The Participants must adhere to the mechanism of the Contest as may be notified or communicated by the Organizer during the Contest Period.
3.
Contest Period
The Contest shall be held from 30 October 2017 (10am Malaysian Time) and will close on 30 November 2017 (11.59pm Malaysian Time) or such other time that the Organizer deems fit. The Organizer reserves the right to vary, withdraw or re-schedule the Contest Period or any dates thereof at its sole discretion.
4.
Participating Outlets
Please email admin@heineken.com.my for a full list of participating outlets.
5.
Selection of Winners
Winner selection criteria:
  1. Each scratch card entitles to one one (1) point.
  2. The winners will be determined by the points collected. Each entry submitted is limited to 4 codes at one go.
  3. Winners will be selected as per the final list on www.heineken.com/my/liveyourmusic at 11:59pm 30th November. Should there be multiple users listed at the same points, winners will be placed according to the time of entry code submission.
  4. Winners will be required to verify their identification details as per the registered particulars.
  5. Organizer will then contact the top 100 participants to verify the details. All prizes are not transferable and submitted information must match the registered details.
  6. Upon verifying the information that the organizer received, organizer will then pass on information to the winners and advise the prize collection at the organizer’s discretion.
6.
Prizes
  1. There is 100 prizes throughout the Contest Period.
  2. The Prizes:
    • 1ST PLACE: AN ALL-EXPENSE-PAID MUSIC JOURNEY TO USA FOR YOU & 3 FRIENDS
    • 2ND TO 3RD PLACE: PARTY WITH YOUR SQUAD friends IN STYLE AT LIVE YOUR MUSIC PRESENTS TIESTO IN KL
      • PERSONAL CABANA WITH COMPLIMENTARY HEINEKEN FOR 15 PEOPLE
      • TRANSPORT&ACCOMODATION
    • 4TH TO 8TH PLACE: AN ALL –EXPENSE –PAID MUSIC JOURNEY TO SENSATION 2018 JAKARTA FOR YOU & A FRIEND
    • 9TH TO 50TH PLACE: 2 VIP TICKETS FOR LIVE YOUR MUSIC PRESENTS TIESTO IN KL
    • 51ST TO 70TH PLACE: 2 VIP TICKET FOR LIVE YOUR MUSIC PRESENTS 88RISING IN KL
    • 71ST TO 80TH PLACE: LEARN TO BE A DJ! A COMPLIMENTARY CLASS AT GOLDSOUNDS MUSIC ACADEMY
    • 81ST TO 100TH PLACE: COMPLIMENTARY Heineken® 6-CAN PACK & HEINEKEN® WIRELESS SPEAKER
  3. The travel period and prize activities redemption period will be informed by the Organizer.
  4. The organizer reserves the right to substitute any one of the prize(s) with items of equivalent value at any time without prior notice.
  5. All Prizes are accepted entirely at the risk of the Participant Prizes and are awarded by the Organizer and/or sponsors without any warranty of any kind express or implied. The Participant and companions shall execute a deed of release and indemnity in a form prescribed by the Organizer, if so required, in order to receive the Prize.
  6. An All Expense Paid Trip Prize to United States (1st Place) – Holiday Prize
    1. Winner of the Grand Prize will receive a trip for four to United States of America which includes :
      • 5 days 4 nights stay at a hotel of the Organizer’s choosing in U.S.A
      • Return travel tickets including from Kuala Lumpur, Malaysia to U.S.A and back
      • Meals (3 x a day) are provided based on Organizers’ choosing
      • Itinerary as decided by Organizers
    2. Holiday Prizes must be taken in accordance with the dates and destinations specified by the Organizer, its travel agencies or sponsors failing which it shall be forfeited. No cash alternative or alternative destination will be offered by the Organizer, its agents or sponsor.
    3. Holiday Prizes must be taken in accordance with terms and conditions as may be set by the Organizer, travel agencies or sponsor including (without limitation) the following:- (i) the terms and conditions respective airlines/carrier; (ii) the terms and limitations of any insurance policy relating to the Holiday Prize; (iii) the terms and conditions in connection all health and safety guidelines and instructions and all applicable legal and regulatory requirements.
    4. Winner and companions must hold a valid passport with at least six (6) months’ validity period. Winners and compaions must be non muslim and aged 18 and above. It shall be the responsibility of winners to obtain the necessary visa and other travel documents at their sole cost and expense. No compensation whatsoever will be given should the winner fail to obtain such documents, regardless of the circumstances.
    5. It shall be the responsibility of winners to obtain the necessary visa and other travel documents (if so required) at their sole cost and expense. Passport control and in-country authorities reserve the right to refuse entry. If the winner of a Holiday Prize is refused passage, entry or exit to or from the country being visited, the Organizer will not be responsible in any way to compensate the winner for such refusal of passage, entry or exit and any additional costs incurred will be at the sole cost and responsibility of the Winner. . The Organiser has the right to, at its sole discretion and without prior notification, to not award another winner should the original winner could not obtain the required travel documents and necessary visa.
    6. In the event of unforeseen circumstances or circumstances outside the reasonable control of the Organizer and/or the sponsor, the Organizer and/or sponsor reserves the right to offer alternative destination of approximately similar value. No cash alternative will be offered.
    7. Any flights, other transport, airport details, accommodation or other aspects of the Holiday Prize, dates and times quoted by the Organizer, its agencies, sponsors or representatives are for guidance only and are subject to change without notice with no liability arising.
    8. Unless otherwise specified, the class of travel for any Holiday Prize incorporating an airfare is economy class and twin sharing accommodation.
    9. Holiday prize winner must have sufficient financial resources to meet any financial commitment which they may incur in connection with the travel prize (including, without limitation, transfers to and from any airport specified in the travel prize, meals and drinks, room services, laundry, excess baggage, personal, medical and/or baggage insurance, all items of personal nature, custom tax and airport tax) beyond those included in the travel prize itself.
  7. Party In Style With Your Squads (2nd – 3rd Place)
    1. Each winner will receive their own cabana to Live Your Music Presents Tiestothat takes place on 8 December 2017 @ Kl Live, Kuala Lumpur
    2. Each cabana will include :
      • Passes for 15 pax (including the winner)
      • 3 buckets of Heineken bottles
      • 1 night stay at a 4-star hotel of the Organizer’s choosing in Kuala Lumpur
      • Transfers from selected hotel to the venue (limited to 1 pick up point and 1 drop off point)
  8. An All Expense Paid Trip Prize to Jakarta Sensation (1st Place)
    1. Winner of this prize will receive a trip for 2 to Sensation White Ocean Jakarta, Indonesia worth which includes :
      • 5 days 4 nights stay at a hotel of the Organizer’s choosing in Jakarta, Indonesia
      • Return travel tickets from Kuala Lumpur, Malaysia to Jakarta, Indonesia and back
      • Meals (3 x a day) are provided based on Organizers’ choosing Itinerary as decided by Organizers
    2. Holiday Prizes must be taken in accordance with the dates and destinations specified by the Organizer, its travel agencies or sponsors failing which it shall be forfeited. No cash alternative or alternative destination will be offered by the Organizer, its agents or sponsor.
    3. Holiday Prizes must be taken in accordance with terms and conditions as may be set by the Organizer, travel agencies or sponsor including (without limitation) the following:- (i) the terms and conditions respective airlines/carrier; (ii) the terms and limitations of any insurance policy relating to the Holiday Prize; (iii) the terms and conditions in connection all health and safety guidelines and instructions and all applicable legal and regulatory requirements.
    4. Winner and companions must hold a valid passport with at least six (6) months’ validity period. Winners and compaions must be non muslim and aged 18 and aboved. It shall be the responsibility of winners to obtain the necessary visa and other travel documents at their sole cost and expense. No compensation whatsoever will be given should the winner fail to obtain such documents, regardless of the circumstances.
    5. It shall be the responsibility of winners to obtain the necessary visa and other travel documents (if so required) at their sole cost and expense. Passport control and in-country authorities reserve the right to refuse entry. If the winner of a Holiday Prize is refused passage, entry or exit to or from the country being visited, the Organizer will not be responsible in any way to compensate the winner for such refusal of passage, entry or exit and any additional costs incurred will be at the sole cost and responsibility of the Winner. . The Organiser has the right to, at its sole discretion and without prior notification, to not award another winner should the original winner could not obtain the required travel documents and necessary visa.
    6. In the event of unforeseen circumstances or circumstances outside the reasonable control of the Organizer and/or the sponsor, the Organizer and/or sponsor reserves the right to offer alternative destination of approximately similar value. No cash alternative will be offered.
    7. Any flights, other transport, airport details, accommodation or other aspects of the Holiday Prize, dates and times quoted by the Organizer, its agencies, sponsors or representatives are for guidance only and are subject to change without notice with no liability arising.
    8. Unless otherwise specified, the class of travel for any Holiday Prize incorporating an airfare is economy class and twin sharing accommodation.
    9. Holiday prize winner must have sufficient financial resources to meet any financial commitment which they may incur in connection with the travel prize (including, without limitation, transfers to and from any airport specified in the travel prize, meals and drinks, room services, laundry, excess baggage, personal, medical and/or baggage insurance, all items of personal nature, custom tax and airport tax) beyond those included in the travel prize itself.
  9. 2 VIP Tickets to LIVE YOUR MUSIC PRESENTS TIESTO IN KL
    • Each winner will receive a pair of passes (2 VIP tickets) to Live Your Music Presents Tiestothat takes place on 8 December 2017 @ KL Live, Kuala Lumpur
    • Prizes are not transferable or exchangeable for cash
    • Winners must redeem their prize in person from the registration booth at KL Live before the show (8 December, 8pm – 11pm at KL Live)
    • Winners must provide his/her proof of identification when redeeming the prize. Failure to provide official documents may result in forfeiture of the prize
  10. 2 VIP Tickets to LIVE YOUR MUSIC PRESENTS 88RISING IN KL
    • Winners will receive a pair of passes (2 VIP tickets) to Live Your Music Presents 88Rising In KL that takes place on 9 December 2017 @ KL Live, Kuala Lumpur
    • Prizes are not transferable or exchangeable for cash
    • Winners must redeem their prize in person from the registration booth at KL Live before the show (9 December 2017, 8pm – 11pm at KL Live)
    • Winners must provide his/her proof of identification when redeeming the prize. Failure to provide official documents may result in forfeiture of the prize
  11. Complimentary Class at Goldsounds Music Academy
    • Each Winner will receive an hour DJ class at Goldsounds Music Academy
    • Prizes are not transferable or exchangeable for cash
    • Winners will be contacted by the Organisers through its agencies, affiliates, or its representative. Details on the DJ class will follow after the initial notification
  12. Complimentary Heineken® 6-CAN PACK & Heineken® WIRELESS SPEAKER
    • Each will be receive a complimentary Heineken 6-can pack & a Heineken Wireless speaker
    • Prizes are not transferable or exchangeable for cash
    • Winners will be required to email Winetalk with a given promo code to redeem the prize. Instructions will be given through the organizers’ agencies, affiliates or representative after the initial notification.
7.
Notification, Verification and Interview of Winners
NOTIFICATION
  1. Winners will be contacted either via the email address or phone call with the details provided by the contestant to Heineken Marketing Malaysia Sdn. Bhd. ("Heineken®") by Heineken Marketing Malaysia Sdn. Bhd. ("Heineken®"), its agencies, affiliates or its representatives. Winners will need to provide full details (name, I.C. no, mobile phone no., address and other details if necessary) for prize fulfilment purposes. The participant is to ensure that the data that the participant provides to Heineken Marketing Malaysia Sdn. Bhd.("Heineken®") are true, accurate, current and complete.
  2. Each winner is only allowed to win one (1) prize from the Contest. The selection of the winners will be done after the contest period is over at 11:59PM on 30 th November 2017.
  3. The winners will be contacted (up to 3 attempts will be made) via telephone. If the winner is not available, the Organiser will proceed to contact the next eligible winner. Winners will be informed of their win and they will be advised by the Organiser as to the verification process and how to redeem their prizes thereafter.

VERIFICATION
To verify and redeem the prize upon notification, the winner must be able to submit a photocopy of IC to the Organizer and it’s appointed ID company which must be an exact match as the details submitted via sms registration

INTERVIEW
Upon verification and confirmation of details, the Contest Winners will be contacted by telephone by the Organizer's appointed ID company.
8.
Collection Period by Winner
  1. Within one [1] month from initial notification by the Organizer, Prizes not collected within the stipulated period will be forfeited.
  2. Once the winner has been verified and confirmed, he/she will be contacted by Heineken's appointed ID company with instructions and consent documents.
  3. The winner must sign and send back a copy of all the consent documents together with the original receipt as proof of purchase and a scanned copy of NRIC for verification purposes to the Organiser. By participating in the Contest, the participants grant the Organiser the permission to publicise, broadcast or otherwise disclose his or her name, character, likeness, statements or any promotional activities in any and all media concerning the winning of the Contest, or contests generally held by the Organiser at any time and from time to time. The Organiser may promote or advertise that a particular winner won the Contest. All participants and/or winners hereby agree and consent to the use of his/her name for the purpose of advertising, trade or promotion by the Organiser without any additional compensation, notification and/or permission.
  4. All consent documents must be returned to the Organiser within the advised date by the Organiser's appointed ID company.
  5. The Organiser reserves the right to disqualify and remove any participants from the contest without prior notification or disclosure of information should the participants be suspected of tampering with their entries or breach the Terms and Conditions of the Contest.
  6. The Organiser reserves the right to forfeit the prize if the winner fails to respond by the date and time agreed by the winner and the Organiser's appointed ID company.
  7. The Organiser reserves the right to ignore requests from winners during the Contest period which are deemed by the Organiser to be unreasonable.


Other Terms of Use

  1. The participant agrees that he / she shall:
    1. abide by the said terms and conditions accordingly and agrees to cooperate and to follow all directions given to the Contestant;
    2. not dispute nor make any oral or written complaints, public announcements or statements on the same whether during or after the Contest Period;
    3. not by act or omission, directly or indirectly bring the Organiser into disrepute;
    4. not give any product endorsement, any interviews or be involved in any articles or reports in respect of the Contest or the prize with any third party;
    5. Agrees that the participant’s participation in the Contest does not entitle the participant to wages, salary or any other compensation.
  2. Submission of the Entry does not guarantee the participant the opportunity to participate in the Contest. the Organiser has the right to, at its sole discretion and without prior notification, reject, refuse or exclude a participant from participation in the Contest for reasons, including (without limitation) where the Entry is not complete, non-compliance or non-fulfilment of any of these Terms of Use or attempts to compromise the Contest in any way.
  3. At the close of the Contest Period, the Organiser will review the submitted Entries and select the winners based upon originality and creativity of each Entry.
  4. The Organiser reserves the right to substitute the prize, or any portion thereof, as the case may be, for an alternative prize of equal or greater value should the prizes promoted not be available due to unforeseen circumstances.
  5. Winners of the Contest will be announced, contacted and / or notified by the Organiser, its agencies, affiliates, sponsors or its representative via email, phone and / or any other communication channels. Winners will need to provide full details (name, I.C. no., mobile phone no., address and other details if necessary) for prize fulfilment purposes. Winners will need to respond within 24 hours from the time the winners are contacted or receive notification. Prizes will be forfeited should there be no response from such winners within the stipulated time.
  6. In the event that a winner chooses not to accept a prize, they forfeit any and all claims to that prize, which will be dealt with according to the reasonable discretion of the Organiser subject to compliance with any applicable laws.
  7. The prizes must (where applicable) be used on the dates specified, cannot be sold, changed or exchanged for money or for other prizes and the prizes are not transferable or negotiable and may not be redeemed for cash.
  8. Any tax payable as a result of a prize being awarded is the sole responsibility of the winner.
  9. The maximum amount of prizes that a participant can win is one (1).
  10. The Organiser’s decision in relation to any aspect of the Contest is final and binding. No communication will be entertained in this regard.
  11. Save and except for any warranties implied in law (if any), all prizes are used/taken entirely at the risk of the winner in all things, and the Organiser excludes all warranties in connection with any prize to the extent permitted by law. The Organiser makes no representations that the prize will be satisfactory to the winners.
  12. The Organiser may publicise, broadcast or otherwise disclose a winner’s or participant’s name, character, likeness, statements or any promotional activities concerning the winning of the Contest, or contests generally held by the Organiser. The Organiser may promote or advertise that a particular winner won the Contest. All winners hereby agree and consent to the use of his/her name for the purpose of advertising, trade or promotion by the Organiser without any additional compensation.

Release

  1. The participant agrees to waive, release and discharge the Organiser, its agencies, sponsors and representatives from and against, any and all liabilities, costs, loss, damages or expenses which the participant or any party claiming through the participant hereafter may have arising out of acceptance of any prize(s) or participation in the participant including (but not limited to) death, personal injury and damage to property and whether or not direct, consequential or foreseeable.
  2. Each participant hereby agrees to indemnify and hold the Organiser and each of its subsidiaries, affiliates, related companies, advertising and promotion agencies and each of its and their respective directors, employees, agents and representatives (the “Released Parties”) harmless from and against any losses, damages, rights, claims, or cause of action of any kind arising, in whole or in part, directly or indirectly, as a result of the participant’s breach of the participant’s warranties and undertaking and any breach of the Terms of Use and / or the rules and regulations of the Contest, participation in the Contest or arising in connection with a prize. The Released Parties shall not be responsible for lost, late, misidentified or misdirected entries or telecommunication or computer hardware or software performance, errors, delays or failures.

Disclaimer

  1. THE ORGANISER DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE COMPETITION. THE COMPETITION AND THE PRIZES ARE PROVIDED ‘AS IS’ AND ‘AS AVAILABLE’.

Intellectual property

  1. All intellectual property rights used in relation to the Contest are owned by the Organiser, and its employees, officers, directors, agents, affiliates, parent, subsidiaries and representatives (“Organiser Group”).
  2. All intellectual property rights in connection with this Contest shall vest in the Organiser. The participants shall not be permitted at any time to reproduce or distribute any intellectual property rights in respect of this Contest.
  3. Entries and details submitted in connection with the Contest (whether in written, audio or visual form, or a combination of those) or any photographs, video and/or film footage or audio recording taken of the participants shall be the property of the Organiser. The Organiser may use the material in any medium and in any reasonable manner it sees fit. Copyright of any such material becomes and remains the sole property of the Organiser. The participant hereby assigns to the Organiser all worldwide copyright and like rights in the entries and waive all moral rights.

Facebook

  1. This Contest is in no way sponsored, endorsed or administered by, or associated with, Facebook.
  2. The participants are providing the participants’ information (save in respect of the participants’ Facebook username and password) to the Organiser and not to Facebook. The information the participants provide will solely be used for and by the Organiser Group and will not be sold, transferred, given or shared with any third party not in any relation to the contest.
  3. The participants agree that the participants shall waive any claim the participants may have against the Organiser Group that is in any way connected with a dispute the participants may have with Facebook and/or another participant of the Contest (“third party participant”) and the participants agree to indemnify the Organiser Group for any losses or liability the Organiser Group suffers as a result of any claim against the Organiser Group by Facebook and/or the third party participant as a result of the participants’ dispute or in relation to the participants’ dealings with Facebook and/or such third party participant. This waiver and indemnity shall not apply in the event of any breach, fraud or wilful misconduct on the part of the Organiser Group.

Liability

  1. Each participant agrees that except in respect of damages, losses, injuries, rights, claims or actions caused by or arising from the breach or negligence of the Organiser, the Organiser shall not be liable or responsible for damages, losses, injuries, rights, claims or actions of any kind in connection with the Contest, or resulting from the acceptance, possession, use/misuse of prizes, or participation in the Contest. Each participant further agrees that the Organiser will not be responsible or liable for any Entries that are late (including delayed data transmissions), tampered with, garbled, incomplete, misdirected, lost, mutilated, delayed, corrupted, duplicated or otherwise not in compliance with these Terms of Use or arising due to the fault of the participant.
  2. Each participant agrees that except in respect of damages, losses, injuries, rights, claims or actions caused by or arising from the breach or negligence of the Organiser, the Organiser shall not be liable or responsible for damages, losses, injuries, rights, claims or actions of any kind in connection with the Contest, or resulting from the acceptance, possession, use/misuse of prizes, or participation in the Contest. Each participant further agrees that the Organiser will not be responsible or liable for any Entries that are late (including delayed data transmissions), tampered with, garbled, incomplete, misdirected, lost, mutilated, delayed, corrupted, duplicated or otherwise not in compliance with these Terms of Use or arising due to the fault of the participant.
  3. Notwithstanding the foregoing, nothing in these Terms of Use is intended to limit any rights the participants might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit the Organiser’s liability to the participants for any loss or damage arising from the breach or negligence on the part of the Organiser.
  4. The Organiser reserves the right at its reasonable discretion to disqualify any individual that it determines to be tampering with the entry process or the operation of the Contest or its website (if any), to be acting in breach or potential breach of these Terms and Conditions. No correspondence will be entertained.
  5. The Organiser reserves the right to cancel the Contest at any time due to unforeseen circumstances, sovereign laws and regulations.
  6. No warranty or guarantee is given by the Organiser in relation to any of the prizes and to the fullest extent permitted by law, the Organiser, its agents and trading partners will not be liable for any loss or damage whatsoever which is suffered or sustained as a result of receipt or use of any prize awarded pursuant to this Contest. The Organiser does not recommend or guarantee the performance of any contractor or other obligations of any third parties associated with the prizes and will not be liable for any fraud committed by any third party.
  7. During the Contest, any request or complaint concerning the Contest and the Terms of Use may be sent via e-mail to admin@heineken.com.my and stating the participant’s name, address, e-mail address and telephone number. The participant will be contacted within a reasonable time after receipt. The Organiser will not engage in any correspondence related to the selection of the winner.

Other Provisions

  1. Nothing in or relating to this Contest may be reproduced or published without the Organiser's express consent.
  2. No rights can be derived from this Contest or the results thereof.
  3. The Contest is void where the same is prohibited or restricted by any local, national, state, or any governmental laws.
  4. If these terms and conditions are or become partially void, the Organiser and the participant will continue to be bound by the remainder of the same. The parties shall replace the void part be provisions that are valid and have legal effects that correspond with those of such void part as much as possible, taking into account the content and the purport of these terms and conditions.
  5. These Terms of Use will prevail over any inconsistent terms, conditions, provisions or representations contained in any other promotional materials advertising of the Contest.
  6. This Contest is subject to the Malaysian Advertising Code for Alcoholic Beverages.
  7. The participants shall not be entitled to assign any of the rights or sub-contract any of the obligations herein. 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 it.
  8. All rights and privileges herein granted to the Organiser are irrevocable and not subjected to rescission, restraint or injunction under any and all circumstances. Under no circumstances shall the Participants have the right to injunctive relief or to restrain or otherwise interfere with the organization of the Contest, the production, distribution, exhibition and/or exploitation of the Contest and / or any product based on and / or derived from the Contest.

TERMS AND CONDITIONS

APPLICABILITY

These terms and conditions of use ("Terms of Use") apply to all visits to and all use of this website of Heineken Malaysia ("Heineken"), as well as to all information, recommendations and/or services provided to you on or through this website (the "Information").

By using this website you agree to the applicability of these Terms of Use. We note that these Terms of Use may be changed over time. Such changes shall be effective immediately upon the posting of the modified Terms of Use. Users of the website are advised to regularly read the Terms of Use for possible changes.

INFORMATION AND LIABILITY

The Information is for general information purposes only and does not constitute advice. Heineken shall not be liable for any damages resulting from the use (or inability to make use) of this website, including damages caused by viruses or any incorrectness or incompleteness of the Information, unless such damage is the result of any willful misconduct or gross negligence on part of Heineken. Heineken shall not be liable for damages resulting from any lack of suitability, timeliness or accuracy of this website or the Information.

Heineken shall further not be liable for damages resulting from the use of electronic means of communication, including, but not limited to, damages resulting from the failure or delay in delivery of electronic communications, interception or manipulation of electronic communications by third parties or by computer programs used for electronic communications and transmission of viruses.

Heineken disclaims all warranties including, but not limited to, warranties of conditions, quality, merchantability, fitness for a particular purpose and non-infringement.

INFORMATION OF THIRD PARTIES

The Information originating from third parties constitutes an expression of the personal opinions of those third parties. Heineken is not responsible and shall not be liable for such Information.

Hyperlinks on this website may direct visitors to external websites which are maintained by third parties. Heineken shall not be liable for the contents and the functioning of such external websites. Heineken shall also not be liable for the quality of products or services which may be offered on such external websites.

INTELLECTUAL PROPERTY

Unless indicated otherwise, all intellectual property rights to this website and the Information are owned by Heineken. These rights include but are not limited to all copyrights, rights to the trade names, word trademarks, pictorial trademarks and logos of Heineken, such as, but not limited to the rights to "HEINEKEN".

Users are permitted to read this website and the Information and make copies for their own personal use, for example by printing or storing. All other use of the website or of the Information, for example the storage or reproduction of (a part of) the website of Heineken in any external internet site is not permitted.

UNSOLICITED IDEAS

In the event that you post unsolicited ideas and/or materials whether consisting of texts, images, sounds, software, information or otherwise (the "Materials") on this website or send such Materials to Heineken by email or otherwise, Heineken shall be entitled to use, copy and/or commercially exploit such Materials to the fullest extent and free of charge. Heineken shall not be bound by any confidentiality obligation in respect of such Materials.

You hereby indemnify and hold Heineken harmless from and against all actions, claims and liabilities, suffered, incurred or sustained by Heineken as a result of the use and/or exploitation of the Materials infringing the (intellectual property) rights of any third party or otherwise being unlawful towards a third party.

SEVERABILITY

If these Terms of Use are or become partially void, the parties will continue to be bound by the remainder of the same. The parties shall replace the void part by provisions that are valid and have legal effect that correspond with those of such void part as much as possible, taking into account the content and the purport of these Terms of Use.

APPLICABLE LAW AND JURISDICTION

These Terms of Use shall be exclusively governed by Guinness Anchor Marketing Sdn Bhd. All disputes arising in connection with these Terms of Use, including but not limited to disputes concerning the existence and validity thereof, shall be resolved by the competent courts of Malaysia.

PERSONAL DATA PROTECTION ACT POLICY IN SOCIAL MEDIA SITES

This policy serves as a written notice ("Notice") as prescribed under the Personal Data Protection Act 2010 (hereinafter referred to as the "PDPA"), to inform you that your personal data is being processed by or on behalf of Heineken Marketing Malaysia Sdn Bhd ("HMMSB", "our", "us" or "we"). For the purpose of this Notice, the terms "personal data", "sensitive personal data" and "processing" shall have the meaning prescribed in the PDPA.

We are collecting and further processing the personal data you choose to share on Facebook, Instagram, Twitter, YouTube, and other social media sites, including our brand website (collectively, “Social Media Sites”). The personal data collected and further processed by us may vary between individuals depending on the privacy and security settings available to your account on the relevant Social Media Sites. For more information about the choices and means for limiting the personal data processed by the Social Media Sites, please visit the respective Social Media Sites privacy policy page.

We will be processing your personal data, including any additional information you may subsequently provide to us, for the purposes of contacting or communicating with you, advertising our or third party’s services, products, activities, special events or offers, to respond to your posts, submissions, comments, requests, inquiries or complaints, to request feedback from you, assessing your application to register for the use or subscription of the Website, [to provide services to you], administer your participation in contests, conduct internal activities, market surveys and trend analysis, other legitimate business activities of Guinness Anchor Marketing Sdn Bhd, and any other purposes as may be related to the foregoing [and/or as set out in the Social Media Sites and if applicable, contest terms and conditions] (collectively, the “Purposes”).

In respect of the personal data collected from our brand website, it is obligatory that you supply us your name, date of birth, contact details, any information that you enter on forms and any personal data included in content you upload on the site. If you choose not to provide us the compulsory personal data, we may not be able to process your personal data for any of the Purposes.

By “liking” our Facebook brand page, or following us on our brand’s Instagram or Twitter, or subscribing to our brand’s YouTube channel or by submitting your personal data through the registration page of our brand website or otherwise expressing or providing a similar indication of your interest in us in other Social Media Sites, you hereby agree that you have read this Notice and consent to our collection and further processing of your personal data in the respective Social Media Sites in the manner as specified in this Notice. Unless you have asked us not to, we will contact you by posting, messaging or emailing you with any offer or promotions in relation to our upcoming events, products and services. If you do not wish to receive any of these offers or promotions, or wish to make a data access request, data correction request, to limit the processing of your personal data, or to contact us with any enquiries or complaints in respect of your personal data as follows please send us an email to admin@heineken.com.my

You are responsible for ensuring that the personal data we collect is accurate, complete, not misleading and kept up to date.

This Notice shall be drafted in English as well as in Bahasa Malaysia. In the event of any inconsistency between the English version and the Bahasa Malaysia version of this notice, the English version shall prevail over the Bahasa Malaysia version.

DASAR AKTA PERLINDUNGAN DATA PERIBADI DI DALAM LAMAN-LAMAN MEDIA SOSIAL

Dasar ini berfungsi sebagai notis bertulis ("Notis") seperti yang ditetapkan di bawah Akta Perlindungan Data Peribadi 2010 (selepas ini dirujuk sebagai "Akta"), untuk memaklumkan bahawa data peribadi anda sedang diproses oleh atau bagi pihak Heineken Marketing Malaysia Sdn Bhd ("HMMSB", "kami", "kita" atau "kita"). Bagi maksud Notis ini, terma "data peribadi", "data peribadi sensitif" dan "pemprosesan" hendaklah mempunyai erti yang ditetapkan dalam Akta.

Kami mengumpul data peribadi anda yang anda memilih untuk berkongsi di Facebook, Instagram, Twitter, YouTube, atau laman web kami. Pengumpulan data peribadi oleh Heineken Marketing Malaysia Sdn Bhd mungkin berbeza-beza antara individu bergantung kepada tetapan keselamatan akaun rangkaian sosial anda dan oleh itu mungkin termasuk data sensitif peribadi seperti pandangan agama dan politik. Untuk maklumat lanjut mengenai data peribadi Facebook anda bahawa kita menyimpan dan / atau mengehadkan data peribadi anda bahawa kita menyimpan, sila rujuk kepada Facebook Data Penggunaan Dasar di https://www.facebook.com/about/privacy/. Untuk data peribadi rangkaian sosial lain, sila rujuk kepada laman web privasi rangkaian social berkenaan.

Heineken Marketing Malaysia Sdn Bhd akan memproses data peribadi anda, termasuk apa-apa maklumat tambahan yang anda kemudiannya boleh memberikan Heineken Marketing Malaysia Sdn Bhd, bagi maksud menghubungi anda, pengiklanan kami atau perkhidmatan pihak ketiga, produk, aktiviti, acara-acara khas atau tawaran, untuk bertindak balas kepada anda jawatan, permohonan, komen, permintaan atau aduan, untuk mendapatkan maklum balas daripada anda dan apa-apa maksud lain sebagaimana yang mungkin berkaitan dengan perkara di atas ("Maksud").

Kami mungkin mendedahkan data peribadi anda kepada syarikat-syarikat berkaitan kami, pembekal perkhidmatan, rakan kongsi perniagaan, dan mana-mana jabatan kerajaan dan / atau agensi, badan-badan kawal selia dan / atau undang-undang apabila dikehendaki oleh mana-mana undang-undang atau peraturan-peraturan.

Dengan "suka" (like) halaman kami dan menjadi ahli https://facebook.com/heineken atau mengikut akaun rangkaian sosial kami, anda bersetuju bahawa anda telah membaca Notis ini dan bersetuju untuk memproses data peribadi anda dan / atau data peribadi yang sensitif dengan cara yang dinyatakan dalam Notis ini. Melainkan jika anda telah meminta kami untuk tidak, kami akan menghubungi anda dengan menyiarkan, mesej atau menghantar e-mel anda dengan mana-mana tawaran atau promosi yang berkaitan dengan peristiwa-peristiwa yang akan datang, produk dan perkhidmatan. Jika anda tidak mahu menerima mana-mana tawaran atau promosi, sila hantar e-mel kepada admin@heineken.com.my

Notis ini digubal dalam bahasa Inggeris dan juga dalam Bahasa Malaysia. Sekiranya terdapat sebarang percanggahan antara versi Bahasa Inggeris dan versi Bahasa Malaysia notis ini, versi Bahasa Inggeris akan mengatasi versi Bahasa Malaysia.

PRIVACY POLICY

GENERAL

Heineken Malaysia ("Heineken") is the controller of the processing of all personal data collected through this website (the "Website"). Heineken respects your privacy and complies with the provisions of the Malaysian Communications and Multimedia Commission on the Processing of Personal Data ("APPD").

This Privacy and Cookie Policy (the "Policy") provides information regarding the processing of personal data collected through the Website, as well as the rights to access and correction of such personal data.

This Policy may be changed over time. Such changes shall be effective immediately upon the posting of the modified Policy. Users of the website are advised to regularly read the Policy for possible changes.

PERSONAL DATA

Heineken processes personal data that it collects through the Website. The following categories of personal data are collected:

  • name
  • date of birth
  • contact details
  • other information that you enter on forms on the website (email, mobile phone number, etc.)
  • any personal data included in content you upload on the website

Visitors of the Website under the age of 18 may only submit personal data by means of the Website to Heineken, if such visitors have obtained consent of their legal representatives, which have taken notice of this Policy.

PURPOSES

Heineken uses your personal data for the following purposes:

  • to offer you our services as displayed on the Website
  • to offer you online games as displayed on the Website
  • to improve our services
  • to answer your questions
  • to send you information regarding any current or future activities of Heineken. If legally required, Heineken will obtain your permission, before sending you such information

RECIPIENTS

Heineken may transfer your personal data to its group companies. Heineken may also provide your personal data to third parties, which will process your personal data according to instructions of Heineken and under the responsibility of Heineken. In case Heineken sells all or some of the assets or shares of the company to a third party, your personal data may be provided to this third party. Heineken will not provide your personal data to any other third parties, unless there is a legal obligation to do so.

By using the services available on this Website, you explicitly grant permission for Heineken to transfer your personal data to third countries, even if such countries do not ensure an adequate level of data protection.

SECURITY AND RETENTION PERIOD

The transfer, storage and processing of personal data collected through this Website is secured by means of current, usual technical measures.

In general, Heineken will not retain the personal data that is obtained through this Website for a period longer than two years.

ACCESS, CORRECTION AND REMOVAL

COOKIES POLICY

This local website for Malaysia visitors dedicated to the Heineken brand (the “Website”) is provided by Guinness Anchor Bhd (GAB) (“Heineken”). After you submit the age-gate form and enter the Website, the Website will make use of so-called "cookies". Cookies are small text files that the Website stores locally on your computer. The Website uses cookies to recognise you if you visit the Website. By doing so, Heineken is able to improve user-friendliness of the Website and to adjust the Website to your needs. The cookies of the Website that are stored on your computer remain valid for an unlimited period of time after your first visit to the Website.

Cookies used on the Website

The Website uses cookies for the following purposes:

  • Functional cookies: cookies used to enhance the user friendliness of the Website for visitors. For example, a cookie is placed to remember your preferred country and language settings and to remember the information you submitted on the age-gate page. Without this cookie, you would have to re-submit the age-gate form before every page you want to visit on the Website. The functional cookies of the Website that are stored by Heineken on your computer only remain valid during your session on the Website.
  • Analytics cookies: Heineken uses Google Anaytics cookies, with the purpose to analyze how visitors use the Website. Heineken can then make improvements to the usability of the Website. Google only processes data obtained via the Website in an anonymous form. Please visit www.google.com/analytics for more information on Google Analytics.
  • Third party cookies: the Website allows cookies of social plugins of several third parties. This enables a user to share content of the Website on certain social networks. These plugins also enhance the user friendliness of the Website. For example with the Facebook plugin on the Website, users can simply register to the Website with their Facebook account details. The (use of the) data collected by these third parties via the social plugins are exclusively determined by such third party as Heineken cannot read these cookies (nor can these parties read the cookies of Heineken). For information regarding the third party cookies, please read the respective third party’s policies.

Changing your settings

By changing the settings in your web browser, you can establish that you will be given notice if a cookie is stored on your computer. By changing settings, you can also establish that your browser does not accept cookies from this Website. However, if your browser does not accept cookies from this Website, you may not be able to access or use all features of this Website.

Contact

Please send an email to admin@heineken.com.my in case you have any questions concerning anything on the use of cookies on the Website.

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