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Terms and Conditions

oBike Malaysia Sdn. Bhd.  “oBike Virtual Ride” Virtual Event Terms & Conditions

 

By participating in the “oBike Virtual Ride” (the “Virtual Event”), each participant will be deemed to have read, understood and agreed to be bound by each of the rules, terms and conditions that oBike Malaysia Sdn Bhd (“the Organiser”) has established for the Virtual Event.

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The laws of Malaysia shall govern the Virtual Event and these Terms & Conditions. All disputes arising in connection with the Virtual Event and these Terms & Conditions, 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 Virtual Event 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 with and does not contravene any laws to which he / she may be personally subjected to:

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1. Virtual Event Period & Eligibility

(i) The Virtual Event period is from 28 April 2018 (12.00 am Malaysian time) to  20 May 2018 (11.59 pm Malaysian time). Registration of the Virtual Event starts on 17 April 2018. All entries after 11.59 pm on 20 May 2018 is considered invalid.

(ii) This Virtual Event is open to all oBike users with a valid oBike account, aged 12 years and above, who has a Malaysia residential or delivery address.

(iii) To participate, the participants must: – Download oBike app from Apple or Google Play Store, register an oBike account, fill up the registration form and pay registration fee to oBike Malaysia official bank account as details below:

 

BANK NAME: MALAYAN BANK BERHAD(MAYBANK)
BANK ACCOUNT NAME: OBIKE MALAYSIA SDN. BHD.
BANK ACCOUNT NUMBER: 5144 8652 6444

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(iv) At the close of the Virtual Event Period, the Organiser will review the submitted Entries and select the winners based on the distance completed during the Virtual Event Period. 

2. Winner Selection & Prizes

(i) Each Participant will only be entitled to one (1) goody bag from the Virtual Event. The selection of the winners will be done after the Virtual Event period is over at 11.59pm on 20 May 2018.

(ii) The execution of the Virtual Event will be managed by oBike Malaysia Sdn. Bhd.

(iii) The winners will be contacted (up to 3 attempts will be made) via email, SMS, phone and / or any other communication channels. If the winner is not available, the Organiser will proceed to contact the next eligible winner. Winners will be informed of their win and the prize will be delivered to the address submitted in registration form.

(iv) Entries that are ineligible, incomplete, damaged and /or late will be disqualified. The Organiser is not responsible for any lost, late or misdirected entries.

(v) Prizes cannot be exchanged for cash or any other items and are not transferable or negotiable. The Organiser reserves the absolute right to substitute the prizes with an alternative prize of similar value without prior notice should the promoted prizes not be available due to unforeseen circumstances.

(vi) 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.

(vii) Any tax payable as a result of a prize being awarded is the sole responsibility of the winner.

(viii) All prizes shall be accepted entirely at the risk of the winners and are awarded by the Organiser without any warranty of any kind express or implied. The Organiser shall not be liable for any loss and/or damage suffered by the winners in connection with the utilisation of the prize.

(ix) All decisions made by the Organiser shall be conclusive, final and binding in all aspects on all participants and no further complaint, inquiries, correspondence or appeal will be entertained. Any event, circumstance or situation not covered or provided for by these Term and Conditions shall be decided, determined or resolved by the management of the Organiser in a manner it reasonably deems to be fairest to all parties concerned.

(x) The Organiser reserves the right to verify the eligibility of participants, and participants who do not comply with these Terms and Conditions will be disqualified. The Organiser shall not accept any responsibility for any such disqualification.

(xi) The Organiser reserves the right to disqualify and remove any participants from the Virtual Event 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 Virtual Event.

(xii) In the event that a winner chooses not to accept a prize, he/she forfeits 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.

 

3. Redemption method

(i) Submission of the Entry does not guarantee the participant the opportunity to participate in the Virtual Event & Award Categories. The Organiser has the right to, at its sole discretion and without prior notification, reject, refuse or exclude a participant from participation in the Virtual Event & Award Categories 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 Virtual Even & Award Categories t in any way.

(ii) Winners of the Virtual Event & Award Categories will be contacted and / or notified by the Organiser via email, SMS, 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 5 business days 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.

(iii) The Organiser reserves the right to ignore requests from winners during the Virtual Event & Award Categories period which are deemed by the Organiser to be unreasonable.

(iv) The Organiser’s decision in relation to any aspect of the Virtual Event & Award Categories is final and binding. No communication will be entertained in this regard.

(v) 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.

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4. Other Terms and Conditions

(i) By participating in the Virtual Event & Award Categories , 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 Virtual Event & Award Categories , or Virtual Events & Award Categories 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 Virtual Event. 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.

(ii) The Organiser will not be responsible for any error, omission, interruption, deletion, defect, delay, failure in operation or transmission, communications line failure, theft or destruction, unauthorized access to, or alteration of, user or member communications, or any problems or technical malfunction of any telephone network or lines, the website, computer online systems, servers or providers, computer equipment, system, apparatus, software, failure of e-mail or receipt of entry on account of technical problems or traffic congestion on the internet and/or telecommunication services.

(iii) Each participant agrees that he / she shall:

(a) not dispute nor make any oral or written complaints, public announcements or statements on the same whether during or after the Virtual Event period; and

(b) not by act or omission, directly or indirectly bring the Organiser into disrepute.

(c) agrees that the participant’s participation in the Virtual Event does not entitle the participant to wages, salary or any other compensation.

(d) Participants agree to waive, release and discharge the Organiser, its agents and employees from and against any and all liabilities, costs, loss, damages or expenses which the participants or any party claiming through the participants hereafter may have arising out of acceptance of any prize(s) or participation in the Virtual Event.

(e) The Organiser reserves the right to amend these Terms and Conditions without prior notice.

(f) The Organiser reserves the right to cancel the Virtual Event at any time due to unforeseen circumstances, sovereign laws and regulations.

 

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 Virtual Event, participation in the Virtual Event 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.

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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 Virtual Event 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 Virtual Event 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 Virtual Event.

  3. Entries and details submitted in connection with the Virtual Event (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.

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Facebook and/or Instagram and/or Twitter and/or YouTube

  1. This Virtual Event is in no way sponsored, endorsed or administered by, or associated with, Facebook and/or Instagram and/or Twitter and/or YouTube.

  2. The participants are providing the participants’ information to the Organiser and not to Facebook and/or Instagram and/or Twitter and/or YouTube. 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 Virtual Event.

  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 Instagram and/or another participant of the Virtual Event (“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 Instagram and/or Twitter and/or YouTube and/or the third party participant as a result of the participants’ dispute or in relation to the participants’ dealings with Facebook and/or Instagram and/or Twitter and/or YouTube 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 Virtual Event, or resulting from the acceptance, possession, use/misuse of prizes, or participation in the Virtual Event. 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. 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.

  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 Virtual Event 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 Virtual Event 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 Virtual Event. 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 Virtual Event, any request or complaint concerning the Virtual Event and the Terms of Use may be sent via e-mail to oBikeVirtualRide@gmail.com and stating the participant’s name, oBike account ID, 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 Virtual Event may be reproduced or published without the Organiser’s express consent.

  2. No rights can be derived from this Virtual Event or the results thereof.

  3. The Virtual Event 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 Virtual Event.

  6. 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.

  7. 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 Virtual Event, the production, distribution, exhibition and/or exploitation of the Virtual Event and / or any product based on and / or derived from the Virtual Event.

  8. This Terms of Use has been changed most recently on 15th April 2018.

 

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 oBike Malaysia Sdn Bhd (“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 Virtual Events, conduct internal activities, market surveys and trend analysis, other legitimate business activities of oBike Malaysia 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, Virtual Event 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, you may do so to:

 

Designation : Marketing Manager

E-mail address: oBikeVirtualRide@gmail.com

 

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

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