GENERAL TERMS OF USE 

Last updated 20th February 2024

Please read these general terms of use (“General Terms”) carefully and check them regularly as they may change from time to time in accordance with Clause 4.4 below.

HOW ARE THE FUNDS RAISED BEING USED?

  • The bulk of the funds raised from the Contest (as defined below) under the relevant Campaign (as defined below) are for the benefit of the relevant NPO (as defined below) under the relevant Campaign to support its mission or goal as featured on the Website (as defined below). 
  • However, a portion of the of funds raised will go towards the reimbursement of the costs and expenses incurred by the Company (as the authorized agent of the NPO) to operate, manage and execute the Campaign. The Company will also receive a portion of the funds as its fee to operate, manage and execute the Campaign for and on behalf of the NPO. 
  • If the total amount of funds raised from the Contest under the relevant Campaign is less than the fundraising goal as published on the Website webpage of the relevant Campaign, the Company has pledged that it will pay to the relevant NPO such amount equivalent to the difference between the fundraising goal and the amount of total funds raised. 

1. APPLICABILITY

1.1 These General Terms are to provide the general terms and conditions that govern your access to, use of, and interactions with:

1.1.1 the website operated by RaiseTogether Sdn. Bhd (Registration No. 202301038717 (1532639-K)) (which collectively with its affiliates shall be referred to the “Company”, “we”, “us” or “our”) at https://raisetogether.asia (“Website”);

1.1.2 any applications made available through the Website (“Software”);

1.1.3 any social media platforms or pages managed by the Company, including Facebook, Instagram and X (“Social Media Pages”); and 

1.1.4 any content, functionality and services offered on or through the Website, Software and Social Media Pages,

(collectively, the “Services”).

1.2 In addition to these General Terms, each of the promotional sweepstakes (each, referred to as an “Contest”) offered on the Website are also governed by additional terms and conditions which are accessible at https://raisetogether.asia/termsandconditions/ (“Contest Rules”). 

1.3 Prior to using the Services, please read these General Terms and the Contest Rules (collectively referred to as the “Terms”) carefully.

2. AUTHORISED AGENT

2.1 You acknowledge and agree that:

2.1.1 the Company is the appointed and authorized agent of each not-for-profit organisation (“NPO”) under the relevant fundraising campaign (“Campaign”) featured on the Services;

2.1.2 the Company is authorized by the NPO under the relevant Campaign to operate, manage and execute the Services (including the Website), the Campaign (which includes collecting the fundraising monies) and the Contest for and on behalf of that NPO; and

2.1.3 the Services are marketed and provided to you by the Company as the authorized agent of the relevant NPO under the relevant Campaign. 

3. YOUR ACCEPTANCE OF THESE TERMS

3.1 Upon your acceptance of the Terms by checking the box confirming the acceptance of the Terms, the Terms constitute a binding contract between you, the Company, and the NPO under the relevant Campaign. Notwithstanding the foregoing, you further agree that by continuing using and accessing the Services, you have read, understood and agreed to be bound by all of the Terms, as may be amended from time to time which will be published on the Website. It is your responsibility to ensure that you remain up to date on any revisions to the Terms. 

3.2 If you DO NOT AGREE with any of the Terms, or if you DO NOT WISH TO BE BOUND by the Terms, you SHOULD NOT continue to use or access the Services and you must immediately cease any use of or access to the Services.

4. UPDATES OR CHANGES TO THE TERMS

4.1 The Terms may be updated, amended or modified from time to time by the Company in our absolute discretion.  

4.2 All changes to the Terms are effective immediately when the revised Terms are published on the Website and shall apply to all access to and use of the Services from the date set out therein. 

4.3 If you continue to access, use or interact with the Services following the posting of revised Terms, you are deemed to have read, understood and agreed to be bound by the revised Terms. 

4.4 You are responsible for checking the Terms regularly to ensure that you understand the up to date set of Terms that apply at the time of your access to or use of the Services.

5. MINIMUM AGE REQUIREMENT

5.1 The Services are intended for users who have attained the age of legal majority in their respective jurisdiction of residence. Persons under the age of legal majority in their respective jurisdiction of residence (each, a “Minor”) are not permitted to use the Services, save for the exception in Clause 5.2 below.

5.2 A Minor may use the Services only if such Minor and his/her parent or legal guardian (“Responsible Parties”) review and agree to comply with, and be bound by, the provisions in the Terms and the Privacy Policy together as if the Responsible Parties had used the Services themselves. In this case, the provisions in the Terms and the Privacy Policy shall apply mutatis mutandis to the Responsible Parties of such Minor and the Responsible Parties of such Minor shall be jointly and severally liable for all acts (including purchases and payments relating to the Campaign and the Contest) and omissions of such Minor when using the Services.

6. ACCESS TO THE SERVICES

6.1 The Services are offered only for your personal and non-commercial use only and not for the use or benefit of any third-party. 

6.2 The Company is entitled, in its sole discretion, to change and modify the eligibility criteria to use the Services, or otherwise refuse to offer some or all of the Services to any person, at any time. We will not be liable if for any reason all or any part of the Services are unavailable at any time or for any period.

6.3 Any right to access and use the Services by you is automatically revoked (without any requirement to provide notice or reason to you) if the use of the Services, in our opinion, is prohibited or conflicts or is likely to be prohibited or conflicts with any applicable law, rule or regulation. 

6.4 You are solely responsible at your own cost and expense to make arrangements, or take such steps, necessary for you to access the Services, including securing internet connections.

7. ACCOUNT REGISTRATION AND SECURITY

7.1 As part of your use of the Services, you may be requested to provide certain details or information to create a user account (“Account”) in which case, you shall ensure that all details or information provided by you are true, correct, and complete. 

7.2 If any of your details or information relating to your Account is, or becomes, inaccurate or if there are any changes to your details or information relating to your Account, you must promptly update such changes. 

7.3 Your Account is for your personal use only. You agree that it is your responsibility to not allow a third party to use your Account to access or use the Services, and you must not transfer your Account to any third party. 

7.4 You also agree to protect the confidentiality of the password to your Account and you agree not to share the password to your Account with any third party. 

7.5 You agree to be solely responsible for all activities that occur under your Account, including any activity by unauthorized users. If you suspect or know of unauthorized access to your Account, change your password immediately.

8. TERMINATION OF RIGHT TO USE THE SERVICES

8.1 The Company is entitled to suspend, delete and/or disable your Account (or restrict the accessible or functionality of your Account) for any reason, including if the Company determines that you have violated the Terms or that your conduct damages (or potentially damages) the reputation of the Company or the NPO or their respective goodwill. 

8.2 If the Company deletes your account or terminates your permission to use the Services, you shall not re-register for or continue to use the Services under any other email or Account.

9. LIMITED PERMISSION TO USE THE SERVICES

9.1 Subject to your compliance with the Terms and solely for so long as you are permitted by us to access and use the Services, the Company grants to you a revocable, limited, non-exclusive, non-transferable, non-sublicensable, non-assignable license to use the Services for your personal, non-commercial use only. 

9.2 You shall not: 

9.2.2 copy, modify, reverse engineer, disassemble, or create derivative works based on the Services; 

9.2.3 distribute, sell, grant rights in or to the Services; or 

9.2.4 publicly display, republish, download, store, or transmit any of the Services.

save and except that you may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.

9.3 The Company may, in its sole discretion and at any time, suspend or terminate any licence granted by it to you for any reason whatsoever without prior notice to you and without assigning any reason to you. 

10. INTELLECTUAL PROPERTY

10.1 The marks, logo, designs, artworks, graphics, images, buttons, user interfaces, information and other content, and any compilation of the foregoing are the property of the Company (“Company’s IP”). 

10.2 You acknowledge and agree that by using the Services, you do not acquire or obtain any licence or right to use any of the Company’s IP in any manner unless expressly permitted under the Terms.

11. PRODUCTS

11.1 The Company (as the authorized agent of the NPO) makes every effort to display as accurately as possible the details, features and specifications of the products available on the Services (“Products”). However, neither the NPO nor the Company (as the authorized agent of the NPO) represents, warrants or guarantees that the details, features and specifications of the Products will be accurate, complete, current or free of errors or defect. 

11.2 The Products offered on the Services are subject to availability and the Company (as the authorized agent of the NPO) reserves the right to discontinue any Product at any time at any time for any reason. 

11.3 The Company (as the authorized agent of the NPO) reserves the right to revise the price of the Product at any time. 

12. PROHIBITED ACTIVITIES 

12. 1 You must not access or use the Services for any purpose other than that for which the Company makes the Services available. 

12.2 As a user of the Services, you agree not to do any of the following:

12.2.1 trick, defraud or mislead the Company or other users, especially in an attempt to learn sensitive account information such as user passwords;

12.2.2 circumvent, disable or otherwise interfere with security-related features of the Services;

12.2.3 use the Services in a manner inconsistent with any applicable laws or regulations;

12.2.4 publish the confidential, proprietary or personal information of any other person or entity on the Services;

12.2.5 use or access the Services, or any portion thereof, for any commercial purpose or for the benefit of any third-party or in any manner not expressly permitted by the Terms; and 

12.2.6 use or display the Company’s name, any trademark, logo or other proprietary information, or the layout and design of any page or copy contained on a page, without the Company’s express written consent. 

13. USER CONTRIBUTIONS 

13.1 The Services may include interactive features (“Interactive Services”) which allow users to post, submit, public, display or transmit to the Company, other users or other third-parties the materials (including writings, audio, photographs, graphics, suggestions, comments and personal information) through or in connection with the use of the Services (“User Contributions”).

13.2 You acknowledge that any User Contribution made available by you will be considered non-confidential and non-proprietary. The User Contribution made available by you may be viewable by other users of the Services and the Company does not guarantee that other users or third parties will not use the User Contributions that you post. 

13.3 When you use or access the Services or create or make available User Contributions on the Services, you represent and warrant that:

13.3.1 You have attained the age of legal majority in your jurisdiction of residence;

13.3.2 You are the creator or the owner of (or have the necessary licences, rights or consents to use and to authorize the Company to use) the User Contributions made available by you in any manner contemplated by the Services and the Terms, and that the Company will not need to obtain licenses from any third-party or pay royalties to any third-party to use such User Contribution(s); 

13.3.3 All of your User Contributions do and will comply with the Terms and any content standard stated herein; and

13.3.4 You have complied and will comply with all applicable laws during the course of your use and access of the Services.

13.4 You explicitly grant to the Company and the NPO and their respective affiliates and service providers a worldwide, perpetual, irrevocable, transferable, royalty-free license and right to use, copy, transmit, distribute, publicly perform and display, modify and make derivative works from your User Contribution for any purpose whatsoever, commercial or otherwise, without any attribution and/or compensation to you. In addition, you waive any “moral rights” or rights of privacy or publicity in your User Contributions. You further grant all users of the Services permission to view your User Contributions for their personal, non-commercial purposes. 

13.5 We are under no obligation to oversee, monitor, or moderate any Interactive Service and you shall solely be responsible for all the User Contributions made available by you. The Company does not undertake to review any User Contributions before they are posted and the Company cannot ensure prompt removal of material after it has been posted. The Company assumes no liability or responsibility to anyone for any action or inaction regarding transmissions, communications, or content provided by any user or third-party. Notwithstanding the foregoing, the Company reserves the right to: (i) remove or refuse to post any User Contribution for any or no reason in our sole discretion, (ii) take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, and (iii) take appropriate legal action for any illegal or unauthorized use of the Services.

14. THIRD PARTY INTELLECTUAL PROPERTY INFRINGEMENT

14.1 Each user is responsible for ensuring that their respective User Contributions do not infringe any third-party’s right or other intellectual property rights. 

14.2 If you have reasons to believe that the Services or any of the User Contributions contain elements that infringe or misappropriate your intellectual property rights, or the intellectual property rights of others, please notify the Company at [email protected]

15. THIRD-PARTY WEBSITES AND CONTENT 

15.1 The Services and the Webpage may contain links to other website (“Third Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, sound, video, information and other content belonging to or originating from third parties (“Third Party Content”). Such links do not imply the Company’s endorsement of information or material on such Third Party Websites and the Third Party Content and the Company disclaims all liability regarding your access to and use of such Third Party Websites and the Third Party Content.

15.2 The Third Party Websites and the Third Party Content are provided on the Services solely for the convenience of the users of the Services and such Third Party Websites and the Third Party Content are not under the control of the Company. 

15.3 The Company does not: 

15.3.1 make any representation or warranties regarding any Third Party Websites and the Third Party Content; and

15.3.2 take any responsibility nor assume any liability for any Third Party Websites and the Third Party Content.

15.4 You must not place any link to the Website on another website without the prior written consent of the Company.

16. PRIVACY POLICY

16.1 The Company’s privacy policy can be found at https://raisetogether.asia/privacypolicy/ (“Privacy Policy”). Please read the Privacy Policy prior to using the Services to understand what information the Company may collect from you, how the collected information is used and with whom the collected information is shared. 

16.2 By agreeing to use the Services, you agree to be bound by the Privacy Policy, which is incorporated into the Terms. 

17. TERM AND TERMINATION 

17.1 The Terms shall remain in full force and effect for so long as you are permitted by us to access or use the Services.

17.2 Without prejudice to the other rights of the Company, the Company reserves the right to, in its sole discretion and without notice or liability, deny your access and/or use to the Services at any time if you are in breach of any of the Terms. 

18. INTERRUPTIONS AND CORRECTIONS

18.1 You acknowledge and agree that the Company cannot guarantee that the Services will be available at all times. The Company may experience hardware, software or other technical issues and the Company may be required to performance maintenance in respect of the Services resulting in interruptions, delays or errors. 

18.2 The Company reserves the right to change, update, suspend, discontinue or otherwise modify the Services at any time without prior notice to you and without assigning any reason to you. 

18.3 You agree that the Company has no liability whatsoever for any loss, damage or inconvenience caused by your inability to access or use the Services during such downtime or discontinuance of the Services. 

18.4 You agree that there may be information on the Services that contains typographical errors, inaccuracies or omissions and the Company reserves the right to rectify any errors, inaccuracies or omissions and to update the information on the Services from time to time without prior notice to you.

19. GOVERNING LAW

19.1 The Terms shall be governed by and be construed in accordance with the laws of Malaysia. 

20. DISPUTE RESOLUTION

20.1 You agree that if there are any disputes arising from, or in connection with, the Services or the Terms (a “Dispute”), such Dispute shall be first resolved by way of good faith discussions with the Company. If you intend to commence such good faith discussions with the Company in respect of a Dispute, you are required to deliver a written notice (“Dispute Resolution Notice”) to the Company at A4-2-02 Solaris Dutamas, Jalan Dutamas 1, 50480 W.P. Kuala Lumpur and such written request shall set out the nature and basis of the Dispute and the relief sought.

20.2 If a Dispute cannot be resolved by way of good faith discussions between the Company and yourself within 30 days from the receipt of Dispute Resolution Notice, such Dispute shall be resolved by arbitration administered b the Asian International Arbitration Centre (“AIAC”) in Kuala Lumpur, Malaysia conducted in English by a single arbitrator pursuant to the Arbitration Rules of the Asian International Arbitration Centre (“AIAC Rules”) for the time being in force, which rules are deemed to be incorporated by reference to this Clause. 

21. DISCLAIMER 

21.1 The Services are provided on an as-is and as-available basis. You agree that your use of the Services will be at your sole risk. The Company makes no representation and warranty as to the quality, accuracy, completeness, or reliability of any content available through, or the performance of, the Services. 

21.2 The Company does not assume any liability or responsibility for:

21.2.1 Any errors, mistakes or inaccuracies of content and materials published on the Website or in relation to the Services;

21.2.2 Any personal injury or property damage of any nature whatsoever resulting from your access to and use of the Services; and

21.2.3 any interruption or cessation of the Services.

22. LIMITATION OF LIABILITY

22.1 To the maximum extent permitted under applicable law, the Company [and the relevant NPO] (and their respective affiliated companies and all their respective officers, employees, directors) (collectively, the “Released Parties”) are not responsible and will have no obligation or liability resulting from (i) incorrect or incomplete information, whether caused by you or otherwise, technical errors, or by any of the equipment or programming associated with or utilized by the Released Parties; (ii) technical failures of any kind, including, but not limited to outages, malfunctions, interruptions, or disconnections in phone lines or network hardware or Software or scheduled or unscheduled maintenance; (iii) the use or the inability to use the Services; (iv) unauthorized access to or alteration of your transmissions or data; (v) statements or conduct of any third party on the Website; (vi) any other matter relating to the Services; (vi) the cost of procuring substitute goods, services or technology; or (vii) any indirect, incidental, consequential, or special or exemplary damages arising out of or in any way connected with access to or use of the Services, even if the Released Parties have been advised of the possibility of such damages. 

22.2 To the full extent permissible under applicable law, the Company’s aggregate liability to you or any third party in any circumstance shall not exceed Ringgit Malaysia One Hundred (RM100). You acknowledge and agree that your sole remedy for any breach of these terms and any problems or dissatisfaction with the Website or any portion of the Software is to terminate your account and discontinue use of the Website and the Software. 

23. INDEMNITY

23.1 You agree to defend, indemnify and hold harmless the [Released Parties] from and against any and all claims, expenses, and liability, including but not limited to negligence and damages of any kind to persons or property, including but not limited to defamation, slander, libel, infringement of intellectual property rights, property damage, or death or personal injury arising out of or relating to (i) your use or misuse of the Services, (ii) your breach or alleged breach of the Terms, including, but not limited to a breach or alleged breach of any representation or warranty by you in the Terms; (iii) your violation of any law, rule, regulation, or rights of others in connection with your use of the Services.

24. SEVERABILITY

24.1 If any provision of the Terms is held to be illegal, invalid or unenforceable in any respect under the law of any competent jurisdiction, then such provision shall (so far as it is invalid or unenforceable) be given no effect and shall be deemed not to be included in the Terms but without invalidating any of the remaining provisions of the Terms. Any provision of the Terms held invalid or unenforceable only in part or degree will remain in full force and effect to the extent not held invalid or unenforceable. 

25. CONTACT US 

If you any enquiries relating to the access or use of the Services, please contact the Company at: [email protected].


CONTEST RULES 

Last updated 20th February 2024 

1. DEFINITIONS

Unless expressly stated otherwise, all capitalized terms and expressions used in these Contest Rules shall have the same meanings set out in the General Terms.

2. GENERAL

The Company is the appointed and authorized agent of each NPO under the relevant Campaign featured on the Services to operate, manage and execute the Services (including the Website), the Campaign and the Contest for and on behalf of the NPO. Eligible individuals will be entitled to participate in the Contest. 

3. APPLICABILITY OF THE CONTEST RULES 

3.1 These Contest Rules provide the general terms and conditions applicable to every Contest on the Website. Each Contest is subject to all applicable local laws and regulations and is void where prohibited in the relevant jurisdiction. 

3.2 These Contest Rules form a binding contract between each Contest participant (“you” or “Participant”), the Company and the NPO under the relevant Campaign. You agree that by entering into the Contest, you have read, understood and agreed to be bound by these Contest Rules.

4. ELIGIBILITY

4.1 To be eligible to enter into the Contest, or be awarded the prize featured for each Contest (“Prize”), the Participant must fully comply with the General Terms and the Contest Rules. 

4.2 The Contest is only open to an individual who: 

4.2.1 has attained age of majority in such individual’s jurisdiction of residence; and

4.2.2 not considered to be a Prohibited Person.

4.3 A “Prohibited Person” means an individual who falls within one or more of the following categories:

4.3.1 An individual who is an employee, officer or directors of:

  • the Company; 
  • the relevant NPO;
  • the vendors or supplier engaged by the Company to make available the Contest or to provide the Prize (or a portion of the Prize); and

4.3.2 an individual who is an immediate family member (i.e. spouse, parent, child, sibling) of the individuals under Clause 4.3.1.

4.4 An entry by an ineligible person will be automatically considered void.

5. HOW TO ENTER

5.1 An eligible individual may participate in the Contest at any time during the Campaign period relevant to that Contest (“Campaign Period”). Please refer the Website webpage of the respective Campaign for the start and end date of the Campaign Period. 

5.2 To participate in the Contest, an eligible Participant must follow the following steps:

5.2.1 Step 1: Select the relevant Campaign for which the Participant would like to contribute. Each Campaign is intended to raise funds for the specific NPO identified under that Campaign. 

5.2.2 Step 2: Select the merchandise (“Merchandise”) for which the Participant would like to purchase. For the avoidance of doubt, the Company (as the authorised agent of the relevant NPO identified under the Campaign) is selling the Merchandise for and on behalf of the relevant NPO. 

  • The purchase price of each Merchandise (“Price”) is indicated on the Website webpage of the Contest. 
  • A Participant may purchase 1 or more Merchandise each time. 
  • Each Merchandise purchased by the Participant will automatically entitle the Participant to receive a specified number of RT Hearts (“Hearts”) as specified on the Website webpage of the Contest. 
  • 10 Hearts represent 1 entry into the Contest.

5.2.3 Step 3: At the check-out, the Participant is allowed to elect whether to donate the Merchandise in which case, the Participant waives his/her right to receive the Merchandise and the relevant NPO identified under that Campaign is entitled to keep such Merchandise for its own benefit. If the Participant elects to donate the Merchandise, the Participant will be entitled to receive additional number of Hearts as specified on the Website webpage of the Contest. 

5.2.4 Step 4: Correctly answer a mathematical skill-testing question or complete such other skill-based question as may be randomly generated on the Website webpage from time to time 

5.2.5 Step 5: On a date as specified indicated on the Website webpage of the Contest (“Announcement Date”), the recipient of the Prize of the Contest (“Winner”) will be announced. 

5.3 The selection of the Winner will be randomly drawn from among the entries from eligible Participants received who have successfully completed all the steps set out in Clause 5.2. The draw will occur on the Announcement Date. 

5.4 A Participant may be requested to provide certain details or information for the entry into the Contest, in which case you shall ensure that all details or information provided by you are true, correct, and complete.

5.5 By participating in the Contest, you agree that the Company may contact you via email, phone or email in connection with the Contest in accordance with the Privacy Policy available at https://raisetogether.asia/privacy-policy/.

5.6 As a condition of participating in the Contest, a Participant expressly:

5.6.1 represents and warrants that he/she agrees to be bound by these Contest Rules and decisions of the Company (including the selection of the recipient of the Prize), which will be binding and final in all matters relating to each Contest;

5.6.2 releases the Company from all liability, loss or damage or expense arising out of or in connection with participation in any Contest or the acceptance, use, or misuse of any Prizes;

5.6.3 expressly waives all rights to claim, punitive, exemplary, indirect incidental, consequential, or any other damages, other than for actual out-of-pocket expenses and/or any rights to have damages multiplied or otherwise increased;

5.6.4 agrees that any and all claims, judgments, and awards, if permitted to proceed, will be limited to Participant’s actual out-of-pocket costs incurred (if any); and

5.6.5 agrees and understands that there shall be strictly no refunds of any monies which they have contributed to the Contest.

6. VERIFICATION, NOTIFICATION AND ACCEPTANCE PROCESS

6.1 The selected Winner will be contacted using the phone number and email address used to enter into the Contest. via phone call, SMS and/or email (the “Notification”). 

6.2 The selected Winner must respond to the notification email within 24 hours of it being sent or such longer period as may be specified in the notification email. Notification within three (3) hours. Within these three (3) hours, the Company will utilize best efforts to notify and the selected Winner via all available channels.

6.3 If the selected Winner fails to respond to the notification email within the specified periodNotification three (3) hours, the selected Winner may be disqualified and, in such instances, the selected Winner is deemed to have relinquished or surrendered his or her entitlement to the Prizes(s) without compensation from the Company or the NPO. 

6.4 The selected Winner will only be confirmed as the winner eligible to receive the Prize after the verification process is completed and the Company has confirmed the selected Winner’s compliance with the General Terms and the terms of these Contest Rules.

6.5 As a pre-condition to accepting and receiving the Prize, the selected Winner must:

6.5.1 be willing and able to claim and/or accept the Prizes(s) in full within the period specified by the Company. ;  and

6.5.2 be willing to be bound by the Company’s Prize Acceptance Terms, which the Company shall provide to the selected Winner once they have responded to the Notification.

6.6 In the event the selected Winner does not agree to be bound by the Company’s Prize Acceptance Terms, the selected Winner waives their right to the Prize without compensation, and the Company reserves the right to randomly select a new Winner.

6.7 The selected Winner is subject to confirmation and verification by the Company, by whatever means the Company shall deem appropriate. The Company’s decisions are final and binding in all matters related to the administration, operation, drawing, verification of the Winner, and all issues related to the Contest.

6.8 Winner Documentation: To receive the Prize(s), and as part of the Winner confirmation and verification process, the selected Winner must accurately complete and timely return the documentation (for instance health and safety forms, including any vaccination attestations, including providing proof of the same in a format determined by the Company in its sole discretion) reasonably required by the Company (where permitted by law). If the selected Winner fails to fully and accurately complete and return the Winner Documentations by the date specified by the Company, the selected Winner may be disqualified and the Winner is deemed to have relinquished or surrendered his or her entitlement to the Prizes(s) without compensation from the Company or the NPO.

6.9 Winner Disqualification:  If the selected Winner is determined to be ineligible and/or disqualified for any reason to be determined by the Company, an alternate Winner may be randomly drawn from the eligible entries to the Contest. Any alternate Winner will be notified as per the procedures outlined in the Contest Rules. The Company reserves the right to modify the Winner notification and/or confirmation and verification procedures connected with the drawing of an alternate Potential Winner, if any.

7. PRIZES 

7.1 Subject to any restrictions expressly stated in the Contest Rules, the selected Winners will receive the Prizes(s) identified on each Contest’s webpage. The Company shall solely determine the specifics of all elements of all Prizes, including timing for fulfillment of Prizes. 

7.2 Unless explicitly stated otherwise, all Prizes are awarded as is, without any representations or warranties, and cannot be transferred, sold, substituted, or redeemed for cash by Participant. 

7.3 The Company reserves the right to substitute the Prize with another prize of comparable or greater value or cash in Company’s sole discretion. 

7.4 The selected Winners are solely responsible for all taxes, costs, and fees associated with Prize receipt, ownership, and/or use. Upon acceptance of the Prize by the selected Winners, the Company will not replace any lost or stolen Prizes.

7.5 The selected Winners are entitled, at their discretion, to refuse to accept some or all of the Prizes that they are eligible to receive and, in such instances, will be deemed to have relinquished or surrendered the Prize without compensation from the Company or the NPO.  If at any time and for any reason, the selected Winner is deemed to have relinquished or surrendered  a Prize, in whole or in part, or fails to accept delivery of the Prizes within the specified period, the selected Winner will not be entitled to any alternate Prize or any other compensation of any kind, and the Company shall have no obligation to award the rejected or unclaimed portion of any Prize(s) to an alternative winner.

7.6 Certain types of Prizes may have other restrictions or limitations, including without limitation as follows:

7.6.1 Prize Manufacturers: Contests are not sponsored, endorsed, approved, or affiliated with the manufacturer of the Prize(s) being awarded.  Contest prize names and logos are the trademarks and property of the manufacturer of the Prize(s).  Actual Prize(s) to be awarded may not be identical to those depicted which are intended to be only representative.

7.6.2 Prizes That Include Winning an Automobile or other Vehicle: The Winner of the Prize vehicle is not eligible for any cash rebate programs. The Company will determine the interior/exterior colors of the vehicle at its sole discretion. The selected Winner must have a valid driver’s license and proof of insurance to take delivery of Prize vehicle and must take delivery of the vehicle at a location specified by the Company, in its sole discretion. For any Prize vehicle, the Company has not made nor is it responsible or liable for any warranty, representation, or guarantee, express or implied, in fact, or law, relative to the Prize vehicle, including but not limited to its quality, mechanical condition or fitness. The Company reserves the right to delay vehicle delivery or substitute a similar vehicle of equal or greater value should the vehicle as described be unavailable for any reason.

7.6.3 Prizes That Include Attending an Event: Tickets and seating are subject to availability. In the case the event is delayed or rescheduled for any reason, tickets for the delayed or rescheduled event may be provided at the sole discretion of the Company. The Company may substitute an alternate Prize of equal or greater value (including in the form of cash) at its sole discretion. Some events may require the Winner to commute and/or travel to the designated venue of the event, and the selected Winner shall, at his/ her own cost and expense: 

  • arrange for the commute and/or travel to the designated venue of the event on the specified event date;
  • obtain and hold all relevant travel documentations required for the travel to the designated venue of the event (i.e. passports, visas etc.); and 
  • be fully responsible for arriving on time at the designated venue of the event. Neither the Company nor the relevant NPO shall be responsible for non-admission to the event due to the late arrival of the selected Winner. 

7.6.4 Prizes That Include Winning an Accommodation Prize (Hotel and Non-Hotel): All accommodation Prizes are subject to the available dates of the accommodation provider and certain additional restrictions and blackout dates may apply. If specific dates are indicated for the redemption of the accommodation Prize, and the selected Winner is not available on those dates, the Prize may be forfeited and awarded to an alternate Winner to be selected at random from all remaining eligible entries. In such instances, the forfeiting Winner will not be entitled to any alternate prizes or compensation of any kind. The selected Winner and his / her guest(s), if applicable, must redeem the accommodation Prize concurrently and such redemption shall be done by the selected Winner only. The selected Winner’s guest(s) must have attained the age of legal majority in their respective jurisdiction of residence, unless the Winner who accompanies them is their parent or legal guardian. Some accommodation Prizes may also require the selected Winner to commute and/or travel to the accommodation location, and the selected Winner and his/ her guest(s), if applicable, shall at his/her own cost and expense:

  • arrange for the commute and/or travel to the accommodation location on the specified reservation date;
  • obtain and hold all relevant travel documentations required for the travel to the accommodation location (i.e. passports, visas etc.); and 
  • be fully responsible for arriving on time at the accommodation location. Neither the Company nor the relevant NPO shall be responsible for late or missed check-ins due to the late arrival of the selected Winner.

8. INDEMNITY

As a condition of entry, each Participant, agrees to defend, indemnify, release and hold harmless the Company, and its affiliated companies, and any other person or organization responsible for fulfilling, administering, advertising or promoting the Contest, and all of their respective past and present officers, directors, employees, agents and representatives (collectively, the “Released Parties”) from and against any and all claims, expenses, and liability, including but not limited to negligence and damages of any kind to persons and property, including defamation, slander, libel, infringement of trademark, copyright or other intellectual property rights, property damage, or death or personal injury arising out of or relating to a participant’s entry, participation in the Contest, acceptance, possession, attendance at, defect in, delivery of, inability to use, use or misuse of Prize and/or the broadcast, exploitation or use of entry.