A. Vote & Stand to Win VIP Passes
1. The “Vote & Stand to Win VIP Passes” 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 of 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 Malaysia website at https://www.heineken.com/my/en/terms-and-conditions. 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 Malaysia website 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).
1. The “Contest Period” will be from 8th November 2022 – 6th December 2022 at 11:59:59 PM Malaysian time.
2. To participate in the Contest, participant needs to
a. Login to www.heineken.com/my/en/campaigns/refresh/voting
b. Pick their favourite artist
c. Match with their favourite track from The Chainsmokers
d. Submit their vote
e. Submit their details and a creative answer
3. The Contest is open ONLY to non-Muslim individuals who reside in Malaysia aged 21 and over (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.
4. The following categories of persons are not eligible and excluded from participation in the Contest:
(i) 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;
(ii) 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); and
(iii) Persons working for third party companies that are involved in the organisation or execution of
the
Contest.
Each such person shall be referred to as an “Ineligible Person” and collectively referred to as
“Ineligible Persons” in these Terms of Use.
1. Brief Description of Contest
2. Mechanism of Contest
3. Prizes
4. Selection of Winners
5. Notification, Verification and Contact of Winners
6. Prize fulfilment
Note: In the event of any conflict or inconsistency between the terms and provision in this table and those of the Contest, the terms and provisions in this table will prevail.
1. The “Heineken® Playlist Refresher” Activity (the “Activity”) 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 Activity, 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 Activity 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 of the Activity.
4. The laws of Malaysia shall govern the Activity and these Terms of Use. All disputes arising in connection with the Activity 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 Activity 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 Activity, participants will need to provide their personal details for,
including but not limited to marketing and promotional purposes in connection with this Activity. 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. To serve the activities of the Organizer
as well as the Activity, participant agrees and confirms that:
(i) Organizer is entitled to collect, store, process, use, encrypt and/or share the provided personal
information for other companies within the same group and/or third parties designated by Organizer and
(ii) when authorized by Organizer, companies within the same group and third parties designated by
Organzier are entitled to collect, store, process, use, transfer, and/or encrypt the participant's
provided personal information.
7. The Activity will be held during the Activity Period as set out in this Terms of Use. The Organiser reserves the right to vary, postpone or re-schedule the dates of the Activity or extend the Activity 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 Activity and to change, amend, delete, or modify the Terms of Use and other rules and regulations including the mechanism of the Activity, or any part thereof. Such changes shall be effective immediately upon posting of the modified Terms of Use on the relevant website page at https://www.heineken.com/my/en/terms-and-conditions. If a participant does not agree to abide by these or any future Terms of Use, do not (continue to) participate in the Activity. Participants are advised to revisit the Heineken Malaysia website and regularly read the Terms of Use on a regular basis for possible changes as, by the participant’s continued participation in the Activity, the participant indicates that the participant accepts any such modified terms.
9. The Organiser may terminate or suspend the Activity at any time at its absolute discretion. Such termination or suspension will not give rise to any claim by the participants. If the Activity is resumed by the Organiser, the participant shall abide by the Organiser’s decision regarding resumption of the Activity and disposition of the prizes (if any).
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 Activity are deemed to be unconditionally accepting the terms and conditions of this Activity.
1. The “Activity Period” will be from 26th September 2022 – 10th December 2022 at 11:59:59 PM Malaysian time.
2. The Activity is open ONLY to non-Muslim individuals who reside in Malaysia aged 21 and above (as at the date of participation in the Activity 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.
1. Brief Description of Activity
2. Mechanics of Activity
1. The participant agrees that he / she shall:
(i) abide by the said terms and conditions accordingly and agrees to cooperate and to follow all
directions given to the participant;
(ii) not dispute nor make any oral or written complaints, public announcements or statements on the
same whether during or after the Campaign Period and/ or Contest Period and/ or Activity Period;
(iii) not by act or omission, directly or indirectly bring the Organiser into disrepute;
(iv) not give any product endorsement, any interviews or be involved in any articles or reports in
respect of the Campaign/ Contest/ Activity or the prize with any third party;
(v) agrees that the participant’s participation in the Campaign/ Contest/ Activity does not entitle
the participant to wages, salary or any other compensation.
2. The Organiser has the right to, at its sole discretion and without prior notification, reject, refuse or exclude a participant from participation in the Campaign/ Contest/ Activity for reasons, including (without limitation) where the information provided is not complete, non-compliance or non-fulfilment of any of these Terms of Use or attempts to compromise the Campaign/ Contest/ Activity in any way.
3. The Organiser reserves the right to substitute the prize (if any), 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.
4. 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.
5. 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.
6. Any tax payable as a result of a prize being awarded is the sole responsibility of the winner.
7. The Organiser’s decision in relation to any aspect of the Campaign/ Contest/ Activity is final and binding. No communication will be entertained in this regard.
8. Save and except for any warranties implied in law (if any), all prizes (if any) 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.
9. 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 Campaign/ Contest/ Activity, or Campaigns/ Contest/ Activity generally held by the Organiser. The Organiser may promote or advertise that a particular winner won the prizes in the campaign. All winners and/or participants hereby agree and consent without reservation or limitation to the use of his/her photo, name, appearance, choices of music, preferences, voice and likeness to and to transmit, copy, publish, copyright, distribute and display it in connection with articles, exhibitions, publicity, advertising, education, trade and/or promotional material or activities undertaken ("Promotional Materials") by the Organiser without any additional compensation, notification or permission. Participants and/or winners shall not be entitled to claim ownership and/or other forms of compensation on any of the materials. All winners and participants also hereby agree to waive any rights that he/she may have to inspect or approve any finished products or any advertising copy of the Promotional Materials that may be used, arising directly, indirectly or in connection with the Campaign/ Contest/ Activity. Further, all winners and participants hereby agree that he/she assigns all of his/her rights, titles and interests that he/she may have in any form of media in which any or all of his/her photos, name, appearance, voice and likeness have been captured in connection with the Campaign/ Contest/ Activity, along with full rights of assignability, and agree to execute any documents required by the Organiser to give effect to this assignment.
10. The website for this Campaign/ Contest/ Activity may contain links to other independent third-party sites/platforms. Such third party sites/platforms are not under the Organizer’s control, and the Organizer is not responsible for any information contained therein. The inclusion of such a link or reference does not imply endorsement of, or association with, the site/platform by the Organizer, or any warranty of any kind, either express or implied. For any third party sites/ platforms, please note that the relevant terms and conditions governing the sites/ platforms shall be applicable.
1. The participant agrees to waive, release and discharge the Organiser, its subsidiaries, its affiliates, its related companies, 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 Campaign/ Contest/ Activity 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 Campaign/ Contest/ Activity, participation in the Campaign/ Contest/ Activity 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.
The Organiser disclaims all warranties with respect to the Campaign / Contest/ Activity. The Campaign/ Contest/ Activity and the prizes (if any) are provided ‘as is’ and ‘as available’.
1. All intellectual property rights used in relation to the Campaign/ Contest/ Activity are owned by the Organiser and its parent and related companies (“Organiser Group”).
2. All intellectual property rights in connection with this Campaign/ Contest/ Activity shall vest in the Organiser Group. The participants shall not be permitted at any time to reproduce or distribute any intellectual property rights in respect of this Campaign/ Contest/ Activity.
3. Entries and details submitted in connection with the Campaign/ Contest/ Activity (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.
1. This Campaign/ Contest/ Activity is in no way sponsored, endorsed or administered by, or associated with, Facebook, Instagram and/or WhatsApp.
2. The participant is providing the participant’ information (save in respect of the participant’ Facebook, Instagram and/or WhatsApp username and password) to the Organiser and not to Facebook, Instagram and/or WhatsApp. The information the participant 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 Campaign/ Contest/ Activity.
3. The participant agrees that the participant shall waive any claim the participant may have against the Organiser Group that is in any way connected with a dispute the participant may have with Facebook, Instagram and/or another participant of the Campaign/ Contest/ Activity (“third party participant”) and the participant agrees 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, Instagram and/or WhatsApp and/or the third party participant as a result of the participant’ dispute or in relation to the participant’ dealings with Facebook, Instagram and/or WhatsApp 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.
1. The participant acknowledges that his/her participation in the Campaign/ Contest/ Activity shall be at his/her own risk.
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 Campaign/ Contest/ Activity, or resulting from the acceptance, possession, use/misuse of prizes, or participation in the Campaign/ Contest/ Activity. To the extent permitted by law, the participant will assume full liability and responsibility in case of any liability, mishap, injury, damage, loss, claim, actions of any kind or accidents resulting from their participation in the Campaign/ Contest/ Activity or resulting from the acceptance, possession, use/misuse of prizes and a participant agrees to release and hold the Organiser free and harmless of any liability.
3. Each participant further agrees that the Organiser will not be responsible or liable for any Entries/sign up 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.
4. The Organiser shall not be liable to any participant, nor shall the Organiser be deemed to be in breach of the Terms of Use by reason of any delay in performing, or any failure to perform, any of the Organiser’s obligations hereunder, if the delay or failure was due to any cause beyond the Organiser’s reasonable control.
5. All rights and privileges herein granted to the Organiser are irrevocable and not subject to rescission, restraint or injunction under any and all circumstances. Under no circumstances shall the Participant have the right to injunctive relief or to restraint or otherwise interfere with the Organisation of the Campaign/ Contest/ Activity, the production, distribution, exhibition, and/or exploitation of the Campaign/ Contest/ Activity and/or any product based on and/or derived from the Campaign/ Contest/ Activity.
6. 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.
7. 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 Campaign/ Contest/ Activity or its website (if any), to be acting in breach or potential breach of these Terms and Conditions. No correspondence will be entertained.
8. The Organiser reserves the right to cancel the Campaign/ Contest/ Activity/ Event at any time due to unforeseen circumstances, sovereign laws and regulations.
9. 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 Campaign/ Contest/ Activity. 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.
10. During the Campaign/ Contest/ Activity, any request or complaint concerning the Campaign/ Contest/ Activity and the Terms of Use may be sent via e-mail to MY1-General.Enquiry@heineken.com and stating the participant’s name, address, e-mail address and telephone number. The participant will be contacted within a reasonable time after receipt, however the Organiser’s decision is final on all matters. The Organiser will not engage in any correspondence related to the selection of the winner.
1. Nothing in or relating to this Campaign/ Contest/ Activity may be reproduced or published without the Organiser's express consent.
2. No rights can be derived from this Campaign/ Contest/ Activity or the results thereof.
3. The Campaign/ Contest/ Activity 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 Campaign/ Contest/ Activity.
6. This Campaign / Contest/ Activity 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 unless expressly provided for within this Terms of Use or with the express consent of the Organiser.. 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 Campaign/ Contest/ Activity, the production, distribution, exhibition and/or exploitation of the Campaign/ Contest/ Activity and / or any product based on and / or derived from the Campaign/ Contest/ Activity.