SAWADEEKLAIRS - “Spend & Win” Contest
3 August 2023 – 04 September 2023
Terms and Conditions (“Terms”)
1. Introduction
The SAWADEEKLAIRS “Spend & Win” Contest (“Promotion”) is organized by Fusion Cosmetics Sdn Bhd (“Organizer”). The Organizer reserves the right to make changes to this Invitation, Terms and Conditions, and Invitation mechanics at any time without prior notice or announcement.
2. Eligibility
a. This Promotion is open to all Malaysians residing in Malaysia aged 18 and above that owns a valid MyKad. For Malaysians below the age of 18, prior consent from their parents or legal guardian must be obtained (“Participant”).
b. The following persons are not eligible to take part in the Promotion:
• Employees of the Organizer (including its affiliates and/or related companies) and their immediate family members (children, parents, brothers and sisters, including their respective spouses); and/or
• Representatives, employees, servants and/or agents of advertising and/or promotion service providers of the Organizer (including its affiliates and/or related companies), and their immediate family members (children, parents, brothers and sisters, including their respective spouses)
3. Promotion Period
a. Participants in Malaysia: -
This Promotion will commence from 03/08/2023 and ends on 04/09/2023 at 11.59 PM
b. All entries received after the Promotion Period shall automatically be disqualified.
4. Promotion Mechanics
i. Purchase I’m From or Dear Klairs Products.
With Rm80 and above purchase of any Dear, Klairs / I'm From products at Watsons offline & online stores.
iii. Submit
Whatapps receipt & full name to 018-385 8788
iii. Win
A pair (1) of winners will be selected to win 1x Flight ticket to Thailand.
Details submitted which are incomplete, illegible, or answered incorrectly will be classified as a disqualified entry with wrong answers; entries with photocopied proof of purchase or shown purchasing incorrect items that are not entitled to join the contest and/or spoiled receipts will be disqualified.
5. Submitted Content (“Submissions”)
All content submitted by any Participant (other than Participant’s personal information) and all copyright and other rights in such content and/or other materials will vest in and become the property of Fusion Cosmetics Sdn Bhd and will not be returned. Each Participant agrees to provide a written assignment of all rights to Fusion Cosmetics Sdn Bhd, if requested.
Fusion Cosmetics Sdn Bhd (and its affiliates) reserves the right to use, modify, adapt, reproduce and/or create derivative works of all content of any Participant in this Promotion for any purpose Fusion Cosmetics Sdn Bhd deems fit to the extent permitted by law, including without limitation for publicity purposes, and to the extent Fusion Cosmetics Sdn Bhd does not own such content pursuant to these Terms, each Participant hereby grants to Fusion Cosmetics Sdn Bhd (and its affiliates) a royalty-free and non-exclusive license to use the copyright and all other intellectual property rights of whatever nature in such content for such purposes. The Participant also agrees in so far as it is permitted by law to waive all moral rights in the content submitted, including the right of attribution of authorship.
Each Participant hereby represents and warrants that all elements contained in the content submitted for this Promotion:
(a) is original to the Participant and fully cleared for use as contemplated in these Terms;
(b) does and will not, in any way, violate or breach any of the terms of any other agreement the Participant may be a party to;
(c) is not unlawful, harmful, threatening, abusive, invasive of another’s privacy, harassing, defamatory, slanderous, tortious, vulgar, obscene, hateful, racist or otherwise offensive or objectionable to any other person or entity;
(d) Does not infringe or violate any intellectual property rights, or contain any matter the publication or sale of which will violate any law, including federal or state statute or regulation;
(e) does not contain any unsanctioned advertising, pyramid-scheme, promotional materials, or any other forms of unsanctioned solicitation, including without limitation junk mail, spam, chain letters, or any unsolicited mass distribution by e-mail;
(f) is free of viruses, corrupted files, malicious code or worms, or any other similar software or programs that may damage the operation of the host site or other computer; and
(g) Shall not require Fusion Cosmetics Sdn Bhd to pay or incur any sums to any person or entity as a result of Fusion Cosmetics Sdn Bhd use or exploitation of the same, and each Participant will indemnify Fusion Cosmetics Sdn Bhd (and its affiliates) from and against any and all loss, damage, liability and costs resulting from breach of the above representations and warranties in relation to such Participant’s submitted content. Fusion Cosmetics Sdn Bhd reserves the right to disqualify any Participant who submits any content in breach of the above representations and warranties.
6. Prizes
A pair (1) of winners will be selected to win 1x Flight ticket to Thailand.
(a) Prizes are not transferable, exchangeable or redeemable for cash. Fusion Cosmetics Sdn Bhd reserves the right to replace any prize with another of equivalent value without notice. Fusion Cosmetics Sdn Bhd accepts no responsibility for any variation in the prize values.
(b) Prizes must be redeemed within the stipulated time decided upon by Fusion Cosmetics Sdn Bhd and as notified to the prize winners. Any prizes that are not claimed will be forfeited and may not be utilized thereafter. Fusion Cosmetics Sdn Bhd will take reasonable steps to advise all prize winners of the event date but will not be responsible if it is unable to contact the prize winner using the details submitted after 3 attempts.
(c) All ancillary costs, including delivery charges and all federal, provincial, state and/or local duties/taxes are the sole responsibility of the winner(s).
(d) To the extent permitted by law, no representations or warranties are made as to the quality, suitability or merchantability of any prize (or any part of it). Acceptance of any prize will, to the extent permitted by law, constitute a full release and discharge of Fusion Cosmetics Sdn Bhd by each winner from any and all liability, claims, demands, causes of action, and/or damages which the winner may have, whether known or unknown at the present time, of any nature whatsoever, arising out of or relating to: (i) this Promotion; (ii) personal injury and/or property damage, theft or loss suffered by the winner as a result of the use and/or enjoyment of the prize; and/or (iii) any tax liabilities in relation to this Promotion, prize and/or use or enjoyment of the same.
(e) The price includes the cost of the flight ticket and applicable taxes, while excluding additional charges for excess luggage, flight meal packages, and accommodation fees.
7. Winners and Judging Criteria
a. ONE (1) winner will be selected at the end of this Promotion based on first come first serve basis during the Promotion Period and as per Fusion Cosmetics Sdn Bhd’s sole discretion.
b. Fusion Cosmetics Sdn Bhd reserves the right to disqualify any Participant who does not comply with these Terms. The winner(s) of this Promotion will be announced after the Promotion Period ends and will be notified by WhatsApp message or phone call or email or text message.
c. The results will be final and Fusion Cosmetics Sdn Bhd will not entertain any appeals. Instructions for prize collection will be given to the winner(s) in the notification. No compensation will be due to the winner who fails to claim the prize within the stipulated time.
8. Release and Indemnity
To the extent permitted by applicable law, each Participant, by entering this Promotion, expressly releases Fusion Cosmetics Sdn Bhd from any claim, action or demand arising out of or in connection with this Promotion or their prize, if any. Participants will indemnify Fusion Cosmetics Sdn Bhd, its agents, employees, representatives, associates, affiliates, parent and subsidiary companies against any and all claims, losses, costs, damages, liability and expenses arising out of the Participant’s breach of any of these Terms.
a. All entries will be the property of the Organizer and the Participants will not claim, use, or exploit the entries for any purpose by any means at any time. By entering the Promotion, each Participant agrees that the Organizer reserves the right to publish, use the names and/or photographs of the Participants and/or winners as material for advertising and/or publicity purposes without payment or prior notice, and further agree that by entering the Promotion, the Participants and /or the winners waive all rights associated with the image they have submitted for the Promotion. Participants shall not be entitled to claim ownership or other forms of compensation on the materials.
b. By entering the Promotion, each Participant is deemed to have read, understood all these Terms and Conditions and they are fully and unconditionally agreed to be bound by it (as varied or changed). The Organizer reserves the right to amend these Terms and Conditions where necessary for legal, technical or commercial reasons and any such amendments shall be effective on the posting of the Promotion website. Please check the Promotion website for updates on any change to these terms and conditions.
c. These Terms and Conditions are governed by and construed under the laws of Malaysia. In the event of any inconsistency between the English version and the Bahasa Malaysia version, the English version shall prevail to the extent of such inconsistency.